Terms and Conditions

a. QUALITY AND DELIVERY. Please understand that ClearVin provides no guarantee that the Services will always function without disruptions, delay, or other imperfections. Since the Services may be transmitted through public cellular FDMA, TDMA, CDMA, GSM, and AMPS networks, including satellite phone services, and other types of cellular networks, Internet lines and even the public switched telephone network (“PSTN”), there may be power outages or service disruption.

b. CONTENT OF REPORTS. ClearVin has no control over the quality or accuracy of the content provided by the Services. The content of ClearVin’s reports of the communication is entirely the responsibility of the person from whom such content originated, such as various state Department of Motor Vehicles, and auto dealers. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable. The content may be incomplete or inaccurate. The content is only to be used as a starting point for further research regarding a vehicle. You should not rely on the information in the reports.

c. TECHNICAL IMPROVEMENT AND MAINTENANCE. ClearVin may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations.
ClearVin may also have to repair, improve, and/or upgrade the Services and this may require us to restrict, limit, suspend, interfere and/or interrupt the Services periodically from time to time.

d. GENERAL PRACTICES REGARDING USE AND STORAGE. You agree that ClearVin has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. ClearVin retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

e. CONTENT OF THE SERVICE. ClearVin takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does ClearVin have any obligation to monitor such third-party content. ClearVin reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. ClearVin also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or € protect the rights, property or safety of ClearVin, its users and the public. ClearVin will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

f. TERMINATION. ClearVin reserves the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the Service to you if we believe you are in breach of ClearVin Terms and Conditions. ClearVin Services are also subject to termination in the event that your wireless service terminates or lapses. ClearVin may discontinue the Services at any time.

a. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. A single Account may be used by a single individual or legal entity, such as an automobile dealership, at ClearVin's sole discretion and subject to ClearVin's requirements.

b. ClearVin has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Services without notice or liability to you. In the event that ClearVin suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

c. Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.

d. In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in ClearVin's sole discretion), ClearVin may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your directors, officers, employees, affiliates, agents, contractors, or licensors, and your breach shall be deemed to apply to all such Accounts.

e. PAID SERVICES/AGREEMENT TO PAY.

f. ELECTRONIC SIGNATURES AND CONTRACTS. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions via the ClearVin website constitute your agreement and intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records related to the transactions you enter into on this site, including notices of cancellations, policies, contractions, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

a. Termination by ClearVin. If you fail, or ClearVin suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide ClearVin with a valid credit card or with accurate and complete Account registration data, failure to safeguard your account information, violation of the ClearVin Terms of Use or any license, or infringement or other violation of third parties' rights, ClearVin, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Services (or any part thereof).

b. Termination of the Services. ClearVin reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and ClearVin will not be liable to you or to any third party should it exercise such rights.

a. CLEARVIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CLEARVIN MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ALL SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY CLEARVIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE MOTOR VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE OR TRANSMITTED TO YOU, INCLUDING THE INFORMATION PROVIDED IN THE CLEARVIN VEHICLE HISTORY REPORT. CLEARVIN GIVES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CONDITION, SAFETY, MARKETABLITY, MERCHANTABLITY, QUALITY, OWNERSHIP HISTORY, OR ACCIDENT HISTORY OF ANY MOTOR VEHICHLE AND DOES NOT ENDORSE, CERTIFY, AUTHORIZE, OR AUTHENTICATE ANY MOTOR VEHICLE OR ANY MOTOR VECHICLE OWNERSHIP OR REGISTRATION DOCUMENT PROVIDED TO YOU THROUGH ANY OF CLEARVIN SERVICES OR THIRD PARTY SUPPLIERS. MOTOR VEHICLE HISTORY INFORMATION IS COLLECTED BY A NUMBER OF THIRD-PARTY SOURCES. SUCH INFORMATION MAY BE UNRELIABLE, INACCURATE, OUTDATED, FALSE OR MISLEADING, AND MAY NOT DETAIL MOTOR VEHICLE HISTORY INFORMATION SUCH AS WHETHER THE VEHICLE WAS JUNKED OR SALVAGED, DISMANTLED, REBUILT OR RECONSTRUCTED, SUBJECTED TO FLOOD DAMAGE, FIRE DAMAGE, BOUGHT BACK BY ITS MANUFACTURER, WHETHER THE ODOMETER EXCEEDS MECHANICAL LIMITS, WHETHER THE ODOMETER WAS NOT ACTUAL MILEAGE, OR OTHER MECHANICAL, STRUCTURAL, OR COSMETIC PROBLEMS WITH THE VECHICLE.

c. IN NO EVENT SHALL CLEARVIN, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE CLEARVIN WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE CLEARVIN WEBSITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE CLEARVIN WEBSITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CLEARVIN WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF CLEARVIN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CLEARVIN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

d. CLEARVIN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CLEARVIN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN MOBILE OR CELLULAR DEVICE OR ALTERNATE STORAGE DEVICE, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THIRD PARTIES NECESSARY FOR ACCESSING THE CLEARVIN WEBSITE.

e. CLEARVIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CLEARVIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

a .Limitations Periods
Except where prohibited by applicable law, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE COMMENCED WITHIN ONE YEAR AFTER THE DATE ON WHICH SUCH CLAIM ACCRUED OR BE FOREVER BARRED. You agree that this limitations period is reasonable due to the nature of the transactions contemplated in this Agreement.

b. Applicable Law
You agree that the laws of the State of Delaware shall exclusively all Claims You agree to be governed by the laws of Delaware notwithstanding of any conflict of laws principles and without regard to your state or country of residence, domicile, or origin, or where you accessed our Website or Services.

c. Notice of Dispute Form
We want to avoid legal action, and we hope you do, too. Therefore, if either you or we plan to pursue a Claim against the other, you or we must first send to the other, a completed Notice of Dispute form. The Notice of Dispute form is available here.

If you intend to pursue a Claim against us, you must send your completed Notice of Dispute to us via Certified Mail at the following address:

Notice of Dispute
ClearVin, LLC
8 The Green, Ste. A
Dover, DE 19901



Letters or Disputes written on Notice of Dispute forms but not sent via Certified Mail, are not Notice of Dispute. If a Claim is being perused against you, a completed Notice of Dispute will be sent to you at the address associated with your Member Account. It is your responsibility to keep your address updated via your My Account page. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If the issues outlined in the Notice of Dispute are not resolved within thirty (30) days after the Notice is received via Certified Mail , or if a written denial or rejection of the Claims is received by the complaining party, prior to the expiration of this 30-day period, either party may initiate arbitration in accordance with Section 9.4 (Agreement to Arbitrate). Note that neither party must complete and send a Notice of Dispute form to pursue any Claim as a counterclaim against the other party in any pending legal action.

d. Agreement to Arbitrate
You and ClearVin agree that any Claim shall be resolved exclusively through final and binding arbitration, rather than in any court. You and ClearVin agree that each waives any right to a jury trial under this Agreement to Arbitrate. You agree not to file or initiate litigation or any legal action (including arbitration or small claims actions) against ClearVin or any of our employees, contractors, or affiliates other than as provided in this Agreement. If the event you do file or initiate litigation in violations of this Agreement, no applicable limitations period(s) will be tolled during the pendency of any litigation or action instituted. In the event you file or initiate litigation (including local and or small claims actions), you hereby agree to pay all costs (including but not limited to court fees, attorney's fees incurred by the ClearVin or the related party, related to our efforts to get such litigation or action dismissed and/or transferred arbitration as provided herein.

e. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CLEARVIN AGREE THAT EACH MAY BRING ANY CLAIM AGAINST THE OTHER OR DEALERS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU, CLEARVIN AND THE DEALERS (IF APPLICABLE) AGREE OTHERWISE (IN WRITING), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER CLEARVIN MEMBERS.

f. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the applicable law and terms of this Agreement as a court would.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or in any way relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate (or any portion thereof), or of this Agreement (or any portion thereof), including any claim that all or any portion of the Agreement to Arbitrate or this Agreement is unenforceable.

The arbitrator shall not be bound by rulings in prior arbitrations involving either of the parties but is bound by rulings in prior arbitrations involving the same ClearVin user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Arbitration of any Claims shall be held in Dover, Delaware and will be conducted and governed by the American Arbitration Association ("AAA") under its rules and procedures except as provided below. All arbitration rules and procedures are modified as follows:

g. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by arbitration company’s rules, unless otherwise stated in this Agreement to Arbitrate.

h. Severability
With the exception of any of the provisions in Section 15e (Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate, if an arbitrator or court decides that any portion of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 15e (Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of this Agreement (including all other provisions of Section 9 – Dispute Resolution) shall continue to apply.

If an arbitrator or court decides that the requirement set forth in Section 15 (Dispute Resolution) that any arbitration under this Agreement to Arbitration be held as provided above is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply and any arbitration shall instead be held remotely when possible, or as otherwise in accordance with the arbitration company’s rules and policies. ClearVin’s representatives may attend by telephone, unless the arbitrator requires otherwise.

i. Opt-Out Procedure
YOU MAY CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING CLEARVIN A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NOT LATER THAN 30 DAYS AFTER THE DATE ON WHICH YOU ACCEPT THIS AGREEMENT BY VIEWING OUR WEBSITE OR USING OUR SERVICES FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE VIA CERTIFIED OR REGISTERED MAIL, RETURN-RECEIPT REQUESTED, TO:

ClearVin, LLC
Re: Opt-Out
8 The Green, Ste. A
Dover, DE 19901


You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and account login information and email address associated with your Member Account to which the Opt-Out Notice applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can Opt-Out of the Agreement to Arbitrate. If you Opt-Out of the Agreement to Arbitrate, all other parts of this Agreement (including all other provisions of Section 15 (Dispute Resolution)) will continue to apply to you. If you Opt-Out of this Agreement to Arbitrate, this has no effect on any previous, other, or future arbitration agreements that you may have with us.

j. Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in this Agreement to the contrary, changes to the agreement to arbitrate, other than a change to any notice address or Website link provided herein, in the future, shall not apply to any Claim that was filed in a legal action or proceeding prior to the effective date of the change. The change shall apply to all other Claims governed by the Agreement that have arisen or may arise after the date of such change. Should this agreement to arbitrate change, you will be notified by a message when you log into the Website. If you object to any of the changes to this Agreement, or otherwise do not understand or agree to be bound by the changes to this, you should discontinue using our Services.

k. Judicial Forum for Claims
In the event that this Agreement to Arbitrate is found not to apply to you or to any particular Claim, either as a result of your decision to Opt-Out of the Agreement to Arbitrate, by mutual written agreement, or as a result of any decision by any arbitrator or court, you agree that any Claim must be resolved exclusively by the state or federal courts (not to include small claims court) located in and or for Dover, Delaware. You consent to venue and personal jurisdiction of such courts for the purposes of litigating all such Claims. To the extent permitted by applicable law, you voluntarily and expressly agree to waive (and/or not exercise your rights under) any statute or law that provides you with the ability to revoke or otherwise invalidate this mandatory forum selection clause (or any portion thereof). It is agreed that nothing under this section shall prohibit any party from enforcing or otherwise seeking to collect on any judgment in any jurisdiction permitted by applicable law.

l. Attorney Fees
Each party shall bear its own costs, expenses, and attorney fees incurred in connection with any cause or action, except when such is specifically provided for in this Agreement, is related to our efforts to collect amounts due from you under this Agreement, is provided for under the arbitration company’s rules, and or is provided for by applicable law. Any reference in this Agreement to attorney fees shall specifically include an award to ClearVin for time incurred by our in-house attorney(s), at a rate no less than Three Hundred Dollars per hour. Other than as specifically provided herein, there is no general right to an award of costs and expenses (including attorney fees), even if such party is the “prevailing party”.

m. Service of Process
You expressly agree to accept service of process by Certified or Registered mailing of a copy of the summons and complaint to the address listed in your Account on the date such mailing is sent. It is your responsibility to keep your account information updated via your My Account page.

n. Off-Sets
We have the right to offset any amount owed to you, if either are owed amounts from you or you are in violation of this Agreement.