CRASHDOCS.ORG Website Terms of Use

Updated 03/23/2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR MAKING A PURCHASE ON THIS WEB SITE.

CARFAX ("CARFAX" or "us" or "we") welcomes you to the web site located at www.crashdocs.org and its related sub-domains (the "Site"). By using or making purchases on the Site, you agree to be bound by these Terms of Use, and you acknowledge that such agreement constitutes a binding contract between you and CARFAX. If you do not agree to these Terms of Use, please do not use or make any purchases on the Site. CARFAX reserves the right, at its discretion, to update or modify these Terms of Use. For this reason, we recommend that you review these Terms of Use whenever you use or make purchases on the Site. Your continued use of the Site after the posting of changes to these Terms of Use constitutes your acceptance of those changes.

Orders and Certification

If you purchase a Police Report, you are restricted from selling or otherwise providing, directly or indirectly, such Police Report or any information contained in such Police Report: (i) to any commercial entity that sells, resells, or otherwise provide, directly or indirectly, vehicle history report products or services, or (ii) to more than one entity or person. In addition, applicable laws and regulations may impose restrictions on what parties can purchase a Police Report and additional restrictions on how a Police Report may be used.

Before you order a Police Report, you will be required to certify that your access and use of such Police Report will be compliance with: (i) all applicable legal restrictions or requirements, and (ii) these Terms of Use. CARFAX reserves the right to refuse any order for any reason, including your failure to make the required certifications (the "Certification"). You agree to use the Police Reports in strict compliance with all the terms and conditions set forth in the applicable Certification.

All sales of the Police Reports are final. You agree that you will pay for all Police Reports (including any taxes, as applicable) that you order. If you pay for a Police Report by credit card, you authorize CARFAX to charge the credit card number you provided. Any purchases charged to a CARFAX corporate account will be billed and paid in accordance with your organization’s agreement with CARFAX relating to the corporate account.

Privacy

CARFAX is committed to protecting the privacy of visitors to the Site. For more information on what information is collected in connection with your use of the Site and how this information is used and protected by CARFAX, please read our Privacy Policy, which is incorporated into these Terms of Use by reference.

Intellectual Property

All content provided on or through the Site, including, without limitation, text, graphics, and photos, but excluding all the police accident reports available for purchase on the Site (the "Content"), and the selection and arrangement of the Content may be the subject of intellectual property rights reserved by CARFAX or other third parties. Except as otherwise provided in these Terms of Use, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property rights of CARFAX or any third party. All trademarks and service marks of CARFAX displayed on the Site are subject to state, federal, and/or international trademark protection. All other trademarks appearing on the Site are the property of their respective owners.

Use of the Site and the Content

Subject to your compliance with these Terms of Use, CARFAX grants you a limited license to view and use the Site and the Content only for your personal, noncommercial use. Any use of the Site or the Content other than as specifically authorized in these Terms of Use, without the prior written permission of CARFAX, is strictly prohibited. CARFAX may terminate your limited license to view and use all or part of the Site and the Content, without notice, for any conduct that we, in our sole discretion, believe is: (i) in violation of any applicable local, state, or federal law or regulation, (ii) in breach of these Terms of Use, or (iii) harmful to the interests of CARFAX, our licensors or third party providers or other users.

Without the prior written permission of CARFAX, you agree not to: (i) use the Site or the Content in a manner that violates any local, state, or federal law or regulation; (ii) stalk, harass, or harm another individual; (iii) modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part; (iv) resell or make any commercial use of the Site or the Content; (v) remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on the Site or in conjunction with the Content; (vi) make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner; (vii) engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain information from the Site; (viii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CARFAX; (ix) use any Content in any meta tags or any other "hidden text" techniques or technologies; (x) perform the systematic retrieval of the Content to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory; or (xi) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site.

Purchase and Use of the Police Reports

Prices and Availability

The prices and availability of the police accident reports available for purchase on the Site (the "Police Reports") are subject to change without notice. You are solely responsible for any sales, local or similar taxes imposed on any Police Reports ordered by you. All prices are stated in United States dollars.

Technical Requirements

CARFAX will post on the Site any applicable technical and software requirements for downloading and viewing a purchased Police Report. You are solely responsible for ensuring that you meet these requirements before you order a Police Report.

Redactions

You acknowledge that certain information in a Police Report may be redacted in accordance with applicable law or regulation.

Orders and Certification

If you purchase a Police Report, you are restricted from selling or otherwise providing, directly or indirectly, the Police Report or any information contained in the Police Report to any commercial entity that sells, resells, or otherwise provide, directly or indirectly, vehicle history report products or services. In addition, applicable laws and regulations may impose restrictions on what parties can purchase a Police Report and additional restrictions on how a Police Report may be used.

Before you order a Police Report, you will be required to certify that your access and use of such Police Report will be compliance with: (i) all applicable legal restrictions or requirements, and (ii) these Terms of Use. CARFAX reserves the right to refuse any order for any reason, including your failure to make the required certifications (the "Certification"). You agree to use the Police Reports in strict compliance with all the terms and conditions set forth in the applicable Certification.

All sales of the Police Reports are final. You agree that you will pay for all Police Reports (including any taxes, as applicable) that you order. If you pay for a Police Report by credit card, you authorize CARFAX to charge the credit card number you provided. Any purchases charged to a CARFAX corporate account will be billed and paid in accordance with your organization’s agreement with CARFAX relating to the corporate account.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE POLICE REPORTS MAY CONTAIN ERRORS AND OMISSIONS. NEITHER CARFAX NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR THAT THE CONTENT OR THE POLICE REPORTS WILL BE COMPLETE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF THE POLICE REPORTS OR THE CONTENT.

THE SITE, THE POLICE REPORTS AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

CARFAX NEITHER ASSUMES NOR AUTHORIZES YOU OR ANY OTHER PERSON OR ENTITY TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THE POLICE REPORTS. IN NO EVENT WILL CARFAX 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 OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE POLICE REPORTS OR THE CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CARFAX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE CONTENT, OR OBTAINING THE INDIVIDUAL POLICE REPORT IN QUESTION. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, THE POLICE REPORTS OR THE CONTENT, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CARFAX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify, and hold harmless CARFAX and its directors, officers, employees, agents, third party providers and licensors from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your: (i) access to or use of the Site, the Police Reports or the Content, and (ii) violation of these Terms of Use.

Third Party Content

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 Site contains links to third party web sites with which CARFAX has linking arrangement but for which it does not maintain control or assume responsibility. The inclusion of such a link does not necessarily imply endorsement of such sites by CARFAX or any association with the operators of such linked 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.

If you post content on this website, you may not post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and it may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. CARFAX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant CARFAX and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CARFAX or its affiliates for all claims resulting from content you supply. CARFAX has the right but not the obligation to monitor and edit or remove any activity or content. CARFAX takes no responsibility and assumes no liability for any content posted by you or any third party.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from CARFAX electronically. CARFAX may communicate with you by phone, e-mail or posting notices on the Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification or Suspension of the Site

The Site is owned and operated by Carfax, Inc. CARFAX has the right at any time to change or discontinue any aspect or feature of the Site, including, without limitation, the Content, hours of availability, and equipment needed to access or use the Site.

Viruses

CARFAX also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your accessing or using the Site or any Content, or downloading any Content or Police Reports.

Changed Terms

CARFAX has the right at any time to change or modify the terms and conditions applicable to the Site, the Police Reports or the Content, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site or the Content, or purchase of the Police Reports, by you after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.

Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Site is operated by Carfax, Inc., 5860 Trinity Parkway, Suite 600, Centreville, Virginia 20120, (703) 934-2664.

Miscellaneous

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms of Use shall be construed in accordance with the 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"). You hereby consent to the personal jurisdiction of any state or Federal court of the Commonwealth of Virginia, acknowledge that venue is proper in the Commonwealth of Virginia, agree that any action related to these terms of use must be brought in a state or Federal court in the Commonwealth of Virginia, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Digital Millennium Copyright Act Notice

It is the policy of CARFAX, Inc. (“CARFAX”) to respect the intellectual property of others. If you are alleging that material available on or through a CARFAX website infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”). The notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, arepresentative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CARFAX to locate the material;
  4. Information reasonably sufficient to permit CARFAX to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In the event that CARFAX removes material from a CARFAX website (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter notification pursuant to the DMCA. The counter notification must include the following to be effective:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Virginia, Alexandria Division, and that you will accept service of process from the person who provided notification of the alleged infringement.

All written notices should be sent to the following:

CARFAX, Inc.
Attn: General Counsel
5860 Trinity Parkway, Suite 600
Centreville, VA 20120
Phone: (703) 934-2664
Email: carfaxlegal@carfax.com

By using or making purchases on the Site, you agree to be bound by these Terms of Use, and you acknowledge that such agreement constitutes a binding contract between you and CARFAX. If you do not agree to these Terms of Use, please do not use or make any purchases on the Site.