Effective: February 27, 2024
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION CLAUSES, USE RESTRICTIONS AND WAIVERS BEFORE YOU USE OUR SERVICES (“Services”) OR OUR SITES (“Site”). SHOULD YOU NOT WISH TO AGREE TO THESE PROVISIONS THEN PLEASE DO NOT USE OUR SITE OR SERVICES. BY USING OUR SERVICES AND OR SITE, YOU ARE AGREEING TO AN AGREEMENT TO ARBITRATE, A CLASS ACTION WAIVER, AND OR A JURY TRIAL, AS WELL AS THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. BY UTILIZING OUR SERVICES AND OR SITE, THESE TERMS AND CONDITIONS, ALONG WITH OUR PRIVACY POLICY, BECOME THE AGREEMENT BETWEEN YOU (Referred to herein as “You” and “Your”) AND KARKIOSK (referred to herein as “KarKiosk”, “We”, “OUR”, or “Us”). WE MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. OUR CHANGES TO THESE TERMS AND CONDITIONS WILL BE POSTED TO OUR SITE. YOUR USE OF OUR SITE OR SERVICES AFTER THAT TIME IS YOUR AGREEMENT TO OUR REVISED TERMS AND CONDITIONS.
1. About Us
KarKiosk is an automotive and vehicular marketplace providing information about items available for purchase, including vehicles and insurance. KarKiosk provides an opportunity to search for and purchase cars, motorcycles, trucks, and other types of vehicles, as well as buy insurance to cover the use of those items.
KarKiosk also provides a database of publicly available sources of vehicle information, which we have aggregated into our proprietary systems and Services (” KarKiosk Data”). KarKiosk Data is intended for Your Personal use, allowing You to search for items and Services, as permitted by these Terms and Conditions. Information posted to our site is compiled, distributed, and displayed by KarKiosk and other third-party providers to educate and provide a starting point for the Services of KarKiosk. KarKiosk Data is provided for personal use and no license to otherwise use KarKiosk Data is granted. Any information on the site, whether created by Us or others, is considered our Content.
2. Access to, and Use of, the Site and Services
We allow access to the Site as it may be available at any given time as contemplated and provided for in these Terms. You are solely responsible for Your use of the Site and any information You obtain from the Site.
We reserve the right to monitor, view, record, review, audit or otherwise police Your or others’ use of the Site, KarKiosk Data, Our other services or the associated information made available.
We reserve the right to verify the identity of any person using the Site, including any user/visitor who applies to be a subscriber, as well as the purpose(s) for which any user/visitor or subscriber is using the Site. We reserve the right to not accept, reject or cancel any orders, or terminate any accounts, that We suspect, in Our sole discretion, to be fraudulent, whether the result of, or otherwise associated with fraudulent activity, or a violation of these Terms. We reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history; and orders connected to previous credit card disputes. We reserve the right to monitor the volume and uses of the Site for potentially improper purposes and audit, inquire as to, require reaffirmation of, restrict, limit or deactivate such accounts for compliance purposes and as We deem appropriate in Our sole discretion. Accordingly, please don’t be offended if we ever need to contact You to better understand and ensure that any use is compliant with these Terms and applicable law. Users may not create multiple accounts on the Site.
You agree that Your use of the Site is only for your personal use. We reserve the right at any time and without notice to deny You access to the Site or to any portion thereof and to terminate Your rights under these Terms, in Our sole and absolute discretion. Your rights under these Terms will terminate automatically if You fail to comply with these Terms, subject to the survival rights of certain provisions identified herein. Termination will be effective without notice. Upon termination, You must promptly destroy all copies of any aspect of the Site in Your possession, custody or control.
You are responsible for any use of the Site or Services, including purchases, which occur through your login credentials. It is your responsibility to keep your login credentials secure.
We reserve the right at any time to make any changes to Our Services and or Site, and add content, materials and features to, and discontinue content, materials and features from, that which is currently a part of Our Site, KarKiosk Data or other content. You assume the sole risk of using and/or relying on the Content available on the Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS.
These Terms govern Your use and access of the Content We provide and/or make available; Your purchase of any item from Our Site; and Your use of any KarKiosk Data provided to You in connection therewith.
Our Site and Services, and information flowing therefrom, shall not be used as follows.
A. You shall not conduct any search or otherwise obtain or use any KarKiosk Data or other content or information obtained from or through the Site and or our Services for purposes prohibited by law.
B. You shall not utilize information obtained from Our Site and or Services for employment purposes, including, but not limited to, when evaluating anyone for initial employment, reassignment, promotion or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors and domestic workers);
Tenancy purposes, including, but not limited to, deciding whether to lease a residential or commercial space to anyone; educational admission or benefits, including, but not limited to, assessing anyone’s qualifications for an educational program or scholarship; personal credit, loans or insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on anyone’s existing debt obligations; and business transactions initiated by an individual consumer, including, but not limited to, determining whether anyone continues to meet the terms of a personal customer account. Using information obtained from Us, our Services and or Our Site in these ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously and reserve the right to terminate user access, terminate accounts and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from KarKiosk complies with these restrictions, please contact Us at hello@KarKiosk.com before conducting any search of KarKiosk Data or otherwise obtaining information from Us, Our Site and or Our Services.
C. You shall not use Our Site and or Services to violate any applicable foreign or domestic laws, statutes, rules, regulations or judicial decrees.
D. You shall not use Our Site and or Services in connection with identity theft, financial, e-mail or other fraud and/or in a manner that does or is intended to cause emotional or physical harm to, discriminate against, or doxing of any kind, stalking or otherwise acting to harass, mass-market, robo-dial or SPAM any other person (and please be advised that registered owners whose vehicles are provided may be protected and restricted via do-not-call, unsubscribe or other telemarketing activity registries and contact restrictions.
E. You shall not use Our Site and or Services to seek information about or harm third parties and or minors in any way.
F. You shall not use Our Site and or Services to seek information about celebrities or public figures.
G. You shall not use Our Site and or Services to produce or distribute any libelous, obscene or indecent material; to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other proprietary rights, publicity rights and/or privacy rights); or otherwise Use Our Site and or Services, including the information flowing therefrom, in connection with activity that (including by posting, publishing or transmitting any text, comments and/or other material that) is defamatory; is obscene, pornographic or offensive; invades another’s privacy; is false or misleading; promotes bigotry, racism, hatred or harm against any individual or group; infringes another’s rights, including any intellectual property rights; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; accesses, tampers with, or otherwise uses non-public areas of the Site; is in connection with sending unsolicited email, junk mail, “spam” or chain letters, promotions or advertisements for products or services or altered, deceptive or false source-identifying information; and/or impersonates or misrepresents Your affiliation with any person or entity;
H. You shall not use Our Site and or Services to distribute, transmit in any way to any other computer, website or other medium or end-user, or otherwise provide any of Our services or other material posted to or made available by or through the Site, including, but not limited to, Content and results of KarKiosk Data, in any way to any third party. For the avoidance of doubt, You agree that You will strictly treat all such material as confidential information and take all reasonable steps to ensure that such material is stored in a secure manner.
I. You shall not use Our Site and or Services to provide or submit any information or data to Us or conduct any search of KarKiosk Data that You are not authorized to provide, submit or conduct.
J. You shall not use Our Site and or Services to directly or indirectly download, reproduce, create, compile, reverse engineer, or incorporate any part of the Site including, but not limited to, Content, KarKiosk Data and Our other services, into any database, collection, compilation, directory or information retrieval system, electronic or otherwise;
K. You shall not use Our Site and or Services to use, copy, reproduce, record, retransmit, emulate, clone, sell, resell, rent, lease, license, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, post, publicly display, perform, digitize, compile or translate any part of the Site, Content, KarKiosk Data, Our Services or other material posted to or made available by or through the Site and or Services, for any commercial purpose or for any purpose.
L. You shall not access the Site through any automated or manual process for the purpose of mass marketing, spam, direct mail or monitoring the Site’s performance, functionality, vulnerability or availability for any commercial purpose or with tampering or destructive intent.
M. You shall not access, retrieve any data from, or otherwise perform any other activities on or through the Site using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers or spiders).
N. You shall not create any “derivative works” by altering any aspect of the Site, Content, KarKiosk Data or Our Services.
O. You shall not use the Site, Content, KarKiosk Data or Our Services in conjunction with any Your and or any third-party content, sites and or services.
P. You shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or the access of any user, host, network or platform (including, without limitation, sending a virus, spamming, overloading or mail-bombing the Site), or to bypass, disable or block any portion of the Site, associated software, or any of Our servers or computer system or breach any security or authentication measures associated therewith.
Q. You shall not take any action that, as determined in Our sole discretion, imposes an unreasonable or disproportionately large load on the Site infrastructure, and/or requests or downloads an inordinate volume of reports indicative of a prohibited use case;
R. You shall not forge any instructions coming from Your computer or otherwise obfuscate the name or location of Your computer or IP address, such as via a Virtual Private Network, in order to disguise the origin of any communication You transmit to or through the Site.
S. You shall not publish a link to any of our pages (known as “deep-linking”).
T. You shall not cover or otherwise obfuscate any advertisement located on our Site.
U. You shall not simulate the appearance or function of Us and or Our Site on another website, such as through “framing” or “mirroring”.
V. You shall not use the Site via multiple sessions concurrently, permit others to use Your account or otherwise grant access to others.
W. You shall not attempt to, or in any fashion, use Our Site for unsolicited contact.
X. You shall not use the Site, Content, KarKiosk Data or any of Our services for governmental, collections, marketing, lead-list generating, advertising or broker/reseller services purposes or for any purpose other than personal purposes.
Y. You shall not share with others, license, resell, distribute or otherwise disclose any or all of the information obtained from Our Site or Services, alone or as part of a list or any other data or lead aggregation, for your own benefit or that of any third party, for any purpose.
Above and beyond each of the foregoing, any unauthorized use (or attempt to use) of the Site may result in criminal and civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We must reserve the unqualified right to view, monitor and record activity on the Site as needed, without any notice to or permission from You. Any information obtained thereby remains subject to review by law enforcement organizations in Our sole discretion. We also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order/subpoena. In addition, We reserve the right at any time and without advance notice to modify, suspend, terminate or temporarily interrupt operation of or access to the Site or any portion thereof.
When you access, view, download, or otherwise use any page on Our Site or use Our Services, You acknowledge and agree that You (a) have read, understand and agree to be bound by these Terms and Conditions in their entirety; (b) consent to the use of electronic signatures, contracts, orders and other records, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the site or through any other interactions with Us; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means.
By providing Your email address, You agree to receive email from Us and affiliated entities, as provided in the Privacy Policy. The Site and its Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If You are under eighteen (18) years of age or do not agree to these Terms in their entirety, do not access, view, download or otherwise use any page on the Site other than the home page and do not submit an online application to become a user or subscriber.
Our Privacy Policy (“Privacy Policy”) is part of these Terms and is incorporated herein by reference. By accepting these Terms, You hereby acknowledge, understand and agree to the collection and use of certain of Your personally identifiable information by the Site as described in the Privacy Policy. Any requests to remove information will be governed by the procedures described in the Privacy Policy. Click here to view the Privacy Policy.
3. Charges, Fees, Payment Policies, and Refunds
If You wish to use Our Services or otherwise purchase any product or service through the Site, You will be presented with the applicable fees and billing arrangement prior to Your purchase, which may include the charging of fees to a payment card on a recurring basis. By ordering a subscription and/or any product via our Site, You authorize Us to charge your card accordingly. As with any merchant, for Your protection, We may request additional information to authenticate the credit card being used, and absent successful authentication, We may refuse to accept an order. If you believe that your credit card or other payment method might have been used in a fraudulent manner to purchase KarKiosk, please contact us at [email protected].
We do not accept payment via check, cash or money order. In addition to the applicable Fees or other costs, depending upon the state in which you reside, either You, or We on Your behalf, are responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, Your use of the Site’s services. All orders are subject to applicable taxes in the states where an applicable customer resides and You authorize us to take all appropriate measures to comply with any and all applicable laws and statutes in connection with the foregoing, including making applicable charges to your credit card or other payment method.
BY SUBMITTING PAYMENT, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By providing Us with Your credit card, banking information, or other payment information, You agree that We shall be authorized to charge such account(s) for all amounts due to Us. By supplying payment card information, You authorize Our use of such information in accordance with Our Privacy Policy, including, but not limited to, Our provision of such information to third parties for the purposes of payment processing. You also understand and acknowledge that We use a third-party payment processor to process credit card payments on Our behalf, and when You supply payment information in connection with a purchase, You agree that We are not responsible for the security of such information when it is in the control of the third-party payment processor.
You specifically acknowledge and agree that failure to use the Site’s services does not constitute a basis for refusing to pay subscription or other fees. Upon prior written notice to You (with e-mail constituting sufficient written notice), We or our third party affiliates reserve the right in Our sole discretion to change pricing and/or billing practices. If You do not agree with these changes, You are always free to cancel Your Services, other than vehicle purchases which are not cancelable or refundable, but you recognize that You will remain responsible for timely payment of any and all fees that You have already incurred (including any applicable late fees). We will understand that Your continued use of any Service following Our providing notice of any change constitutes and means that you consent to any and all such changes and by continuing to utilize Our Site or Services, You formally agree to comply with, and be bound by, such new pricing or billing practices.
If You fail to make any scheduled payment for accrued fees, such overdue amounts may be subject to interest charges in the amount of the lesser of one and one-half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Your account may be deactivated, and access to the Site denied, for non-payment.
Any applicable fees, promotional prices, and or discounts will be identified at the time of the purchase of Your order on the checkout page. If You feel that You have been billed incorrectly, We ask You to kindly please notify Us at [email protected].
Additionally, You acknowledge and agree that We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason (e.g., orders we suspect to be fraudulent, associated with fraudulent activity, previously fraudulent order history or previous credit card disputes), and without liability to You or anyone else. If Your payment card or payment method has already been charged for an order that we subsequently cancel, We will issue You a refund as applicable. You may not cancel bids or purchases of vehicles. All vehicle sales are “as is, where is” and final. If You have any questions in this regard, please feel free to contact Us at [email protected].
4. Links to other Websites, Advertisers, Third Party Products/Services, all at Your own Risk
For Your convenience in locating or accessing related information, products and services, this Site may link you to other sites on the Internet (which are maintained by third parties over which We exercise no control) or otherwise include references to information, documents, software, materials and/or services provided by other parties and/or made available through such third party websites. These links do not imply Our endorsement of any third party or their products or services and We have not necessarily fully reviewed all such items. These sites may contain information or material that some find inappropriate or offensive. Because such sites and parties are not under Our control, We expressly disclaim, and You acknowledge that We are not responsible for, the accuracy, quality, availability, copyright compliance, legality, decency or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. These links and advertisements are often to other websites, owned and operated, and feature content, products, services, materials, events and offers provided, by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Our name and logo on their websites. We do not control the information, products or services available on or through these third-party websites. The inclusion on the Site of a third-party link does not imply endorsement by Us of the applicable website or any association with the website’s operators. Because We have no control over such websites, You acknowledge and agree that We are not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which are subject to those websites’ respective policies and terms. If You click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties or representations associated with such dealings or promotions are solely between You and the applicable advertiser or other third party, and You agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage You suffer through Your dealings with or based on Your reliance on any material made available by such advertisers. Accordingly, we make no representations with respect to, nor can we guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third-party offerings. In addition, Your interactions with third parties on the Site are solely between You and such third parties. We expressly disclaim responsibility and liability for all third party provided content, products, services, materials, events and offers contained on or accessed through the Site, and You agree that We are not responsible for any loss or damage of any kind incurred as a result of any such interaction or as the result of the presence of such third parties’ content, products, services, materials, events and offers on the Site.
5. Proprietary Rights
The proprietary rights to all Content, including, without limitation, the KarKiosk Data, and any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to Us and are protected under applicable laws (including, but not limited to, copyright, trademark and other intellectual property laws). Except as expressly provided in these Terms, or express written consent from the President, Chief Executive Officer, or General Counsel of KarKiosk, You are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, trademarks, service marks, know-how or other proprietary rights of Us, Our Site and or Our Services. Our Name and logo as well as all custom graphics, icons and service names are trademarks of Us and these and all other rights are reserved. All other trademarks are the property of their respective owners. We reserve any and all rights not explicitly granted in these Terms. By using the Site, You do not acquire any ownership rights to the Site, Our services, Content, or any other information obtained therefrom.
6. Marketing Services
We may provide marketing services to third party companies. You understand and agree that these third-party companies are not under the control of Us and that We are not liable for any issues, problems or concerns you have with those companies. Should those companies require that you accept their Terms and Conditions, and or other policies under which they provide services, you agree that you will accept their Terms and Conditions and other policies, or not utilize their services.
7. Buying and Selling of items for sale on Our Site.
8. Get an Offer ("Sell Your Car")
9. Posting Reviews, Social Media Forums, Rights to Use and Use at Your Own Risk
You acknowledge and agree that You have no proprietary interest in the contents of the Site or any affiliated or unaffiliated websites whatsoever, including, without limitation, any social media pages or forums that We control, such as blogs, message boards, comment areas and other interactive features and functionality where users may post certain comments and other content. Moreover, by submitting Your feedback, suggestions, commentary, review(s) and/or forum contributions, You grant Us a royalty-free, irrevocable, non-exclusive, assignable, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform and display such content or information (in whole or in part) contained in the review or forum for any purpose and/or to incorporate into other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that You have all necessary rights to make Your review, comment, and or contributions available to Us and to the Site and You also acknowledge and agree that such reviews, comment, and/or contributions are non-confidential for all purposes and that We have no control over the extent to which any idea or information therein may be used by any party once such content is posted or displayed. You hereby acknowledge and agree that We assume no responsibility for, and recommend that You do not post, display or transmit, any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own reviews, comments, and contributions.
You are responsible and liable for any review, comment and or contribution made through Your account. It is Your responsibility to keep your login credentials secure. To the extent You wish to post honest reviews and commentary of the Site, KarKiosk Data and any corresponding services or items, and/or any forum contributions, You hereby acknowledge and agree to the following:
A. In order to post, You must already be an actual registered Site user and subscriber and have ordered KarKiosk Data or other Services in the past;
B. You will provide Us with Your email address that is the same email address that You provided when You registered with the Site and You understand that, to the extent your email address does not match an email address associated with a user of the Site, your review and/or forum contribution may not be posted and/or may be removed;
C. You will only provide honest and relevant reviews and/or forum contributions that reflect Your own personal experiences with the Site;
D. You will not post, display, upload or transmit any of the following:
1. Content that libels or otherwise defames, stalks, intimidates, harasses, abuses, threatens or in any way infringes upon the rights of others;
2. Anything that could reasonably interfere with or disrupt the operation of the Site and/or affiliated websites;
3. Unauthorized copyrighted materials or any other content that infringes on the intellectual property, privacy and/or publicity rights of others;
4. Material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of KarKiosk:
5. Content that encourages criminal conduct, could give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
6. Obscene, profane, vulgar or otherwise objectionable language or images;
7. Content that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
8. Statements or material that misrepresents Your affiliation with Us or any of our related entities;
9. Statements or material that misrepresent Our actions, products, Site and Services; and
10. Irrelevant or other off-topic statements or material.
You acknowledge and agree that KarKiosk reserves the right, in its sole discretion, to not post or to remove any posted review and/or forum contribution for any reason and without notice or notification. Similarly, We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
10. Indemnification
You agree to defend, indemnify and hold KarKiosk, its related and or affiliated entities, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to: (a) Your use of the Site or any Content You or Services obtained through the Site, including, but not limited to, information obtained through KarKiosk Data; (b) Your failure to comply with these Terms including, but not limited to, Your violation of any laws or any rights of another individual or entity; (c) any claim that KarKiosk is obligated to pay any taxes in connection with Your use of the Site, Our services or otherwise; or (d) any claim relating to any allegations of breach of Your duties, Your warrant of compliance with the TCPA and/or concerning the restrictions on use of leads. The provisions of this paragraph are for the benefit of KarKiosk, its related and affiliated entities, joint ventures, and third-party service providers and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on his, her, or its own behalf.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KARKIOSK, ITS RELATED AND AFFILIATED ENTITIES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (though some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You) INCLUDING, BUT NOT LIMITED TO:
A. DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO;
B. THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, KARKIOSK DATA OR ANY OTHER PRODUCTS OR SERVICES;
C. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY KARKIOSK PRODUCTS, SERVICES, CONTENT OR OTHER DATA, INFORMATION, OR PRODUCTS THROUGH THE SITE;
D. THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY US;
E. ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER KARKIOSK PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE KARKIOK, ITS RELATED AND AFFILIATED ENTITES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, KARKIOSK DATA OR ANY OTHER KARKIOSK PRODUCT AND/OR SERVICE MAY BE BROUGHT BY YOU OR KARKIOSK MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATIONS OF LIABILITY, AND THE OTHER WAIVERS AND DISCLAIMERS, SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KARKIOSK AND ACCESS TO THE SITE, AND SERVICES WOULD NOT BE PROVIDED AT SUCH COSTS, WERE IT NOT FOR YOUR AGREEMENT WITH THE LIMITATIONS, WAIVERS, AND DISCLAIMERS AGREED TO IN THIS AGREEMENT. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Disclaimer of Warranties
You acknowledge that this Site could include technical or other mistakes, inaccuracies or typographical errors. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, KARKIOSK DATA AND ANY OTHER KARKIOSK PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KARKIOSK AND ITS AFFLIATED AND RELATED ENTITES, MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, KARKIOSK DATA OR ANY OTHER KARKIOSK PRODUCTS OR SERVICES:
A. WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED;
B. WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED;
C. WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
D. WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; AND OR (e) WILL BE 100% ACCURATE, COMPLETE AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, KARKIOSK DATA AND ANY OTHER KARKIOSK PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KARKIOSK AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KARKIOSK, ANY OTHER USERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS.
YOU ACKNOWLEDGE AND AGREE THAT SO-CALLED “FALSE POSITIVES” (search results obtained from Our data providers that indicate a given fact, which is inaccurate and/or does not actually pertain to the subject in question, due to vehicles with nearly identical identification numbers and other reporting errors) MAY OCCUR AND ANY SEARCH RESULTS AND/OR OTHER INFORMATION PROVIDED VIA THE SITE MAY NOT ACCURATELY, FULLY REFLECT OR PRECISELY MATCH THE PARTICULAR VEHICLE OR SPECIFIC ITEM YOU MAY BE SEEKING.
We use endeavor to information and Services which are helpful and of value to You, but You recognize, acknowledge and agree that We obtain all of KarKiosk Data data from third-party sources, which may or may not be completely thorough and accurate, and You should never rely on the accuracy or completeness of information obtained herein. We do not and cannot make any representations or warranties with respect to the use or the results of the use of any information, in any format, made available through, or accessible on the Site. We make no representations or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of the Site content for any purpose and expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement. You understand and accept that all risks of condition, use, quality, design or fitness are yours.
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13. Class Action Waiver, Mandatory Arbitration, Dispute Resolution, Governing Law, and Other Legal Provisions
BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. You acknowledge and agree that all claims, disputes or controversies between You and Us (including against any of Our employees, agents, affiliates, subsidiaries, predecessors, successors or assigns) relating to the Site or related websites, the Content, KarKiosk Data, related services and materials, any related transaction or relationship and/or Your information, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. You further acknowledge and agree that any such claims shall be brought solely in Your individual capacity and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. Similarly, you agree that any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by a court and the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You voluntarily and knowingly waive any right to a jury trial.
BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY TRIAL. In arbitration, disputes are resolved by neutral arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial, however, an arbitrator can award relief.
Separate and apart from the agreement to arbitrate set forth above, You hereby waive any right to bring or participate in any class action in any way related to, or arising from, these Terms or the matters that they describe. You acknowledge that this class action waiver is material and essential to the arbitration of any dispute(s) You may have and is non-severable from this agreement to arbitrate claims.
YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT TO ARBITRATE, WHICH CONTAINS THIS CLASS ACTION LITIGATION AND CLASS ARBITRATION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, OUR AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, KARKIOSK DATA OR OUR SERVICES.
These Terms shall be treated as though they were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
At KarKiosk, We expect that Our customer service team will be able to resolve most complaints You may have regarding Our provision, or Your use of, our Site and its services, such as KarKiosk Data. If You have a complaint, You can contact Our customer service team as described in the “How to Contact Us” section below. In the unlikely event that Your complaint remains unresolved, We prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, You and KarKiosk agree to the following resolution process for all disputes and claims that You or KarKiosk may have arising from Our provision, or Your use, of our Site and its services, such as KarKiosk Data (each a “Service Claim”).
In an attempt to find the quickest and most efficient resolution of any Service Claim, You and KarKiosk agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution. If You want to raise a Service Claim, You must send the aforementioned description and proposed resolution by email ( [email protected]). To subsequently discuss Your Service Claim with You, We will contact You using the e-mail address or mailing address You provide in Your letter to Us. If KarKiosk wants to raise a Service Claim, We will send You the aforementioned description and claim notice to You at the e-mail address that We have on file for You.
IF YOU AND KARKIOSK DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND KARKIOSK AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION WITH ARBITRATION RESOLUTION SERVICES INC. (“ARS”) USING ITS RULES AND REGULATIONS GOVERNING THE SUBMISSION OF DISPUTES INVOLVING BUSINESSES AND INDIVIDUALS, AVAILABLE HERE. If ARS is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, if possible under any rules by such organization applicable to disputes between business and consumers, but neither party shall unreasonably withhold their consent.
EXCEPTIONS TO THIS ARBITRATION REQUIREMENT: EITHER PARTY HAS THE RIGHT TO PURSUE: AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK AND TRADE SECRETS AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. BOTH KARKIOSK AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND KARKIOSK AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY; OTHERWISE, THE CLAIM IS WAIVED.
Rather than force everyone to visit Us in New York, ARS’ arbitration contemplates arbitration without travelling anywhere, but instead via their cloud-based platform. Disagreements regarding the forum for arbitration will be settled by an ARS arbitrator.
When the 30-day period described above has elapsed, You may, as an individual (but not as a class) initiate the arbitration through the process described in ARS’s Business and Individual Rules. If You initiate the arbitration, Your arbitration fees will be limited to the Application filing fee set forth by ARS rules. You and KarKiosk acknowledge, understand and agree that any decision or award rendered by ARS may be entered in any court of competent jurisdiction.
If the arbitrator rules against KarKiosk, in addition to accepting whatever responsibility is ordered by the arbitrator, We think it fair that KarKiosk reimburse Your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. By contrast, if the arbitrator rules in KarKiosk’s favor, We will not seek reimbursement of Our attorneys’ fees and costs, regardless of who initiated the arbitration.
This is a Class Action and Trial Waiver. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. THE ARBITRATOR’S DECISION OR AWARD WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
As occurs with other online merchants, intentional credit/debit card reversals and chargebacks are frequently indicators of possible fraudulent use and/or theft of Our services and We may treat them as such. We reserve the right to investigate further and file complaints with the appropriate local and federal authorities. Please be advised that We regularly monitor all internet protocol address information and other user activity and that this information may be used in a civil and/or criminal case against any customer, especially in instances of possible theft or fraudulent behavior.
You agree that any breach or threatened breach of these Terms or any unauthorized or unlawful use of the Site or KarKiosk Data would result in irreparable injury to KarKiosk for which monetary damages would be inadequate. In such event, KarKiosk shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms shall be construed to limit any legal or equitable remedies available to KarKiosk.
13. Entire Agreement
These Terms, the Privacy Policy, and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published or agreed upon by You from time to time, which are expressly incorporated herein by reference, shall constitute the entire and only agreement between You and KarKiosk with respect to Your use of the Site. These Terms supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to Your use of the Site and the content contained therein.
To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by Us, contains any representation, term or condition that is in conflict or inconsistent with these Terms, these Terms shall take precedence unless revised terms or conditions are contained in a signed writing by one of Our duly appointed officers.
14. Force Majeure
Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms on account of either party’s delay or failure to perform as required under these Terms as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to, obvious acts of G-d, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other comparable labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence ((a) and (b), collectively, a “Force Majeure Event”). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
15. Severability
If any provision of these Terms is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms shall remain in full force and effect.
16. Waiver
KarKiosk’s failure to enforce a specific right or remedy for any breach of, or insist upon strict adherence to, any provision of these Terms shall not operate as or be construed to be a waiver of KarKiosk’s right to enforce its remedies for breaches of, or insist upon strict adherence to, such provision or any other provision of these Terms. Any waiver of a provision of these Terms must be contained in a signed writing by a duly appointed officer of KarKiosk.
17. Misconduct
KarKiosk reserves the right to restrict, suspend or terminate Your Account or access to the Site if We determine, in Our sole and absolute discretion, that You have violated these Terms.
18. Transferability
These Terms will be binding on, inure to the benefit of and be enforceable by KarKiosk’s successors and assigns. You are not permitted to transfer, assign, novate or delegate any rights or obligations pursuant to these Terms unless contained in a signed writing by a duly appointed officer of KarKiosk, and KarKiosk reserves the right to immediately terminate Your use of the Site and Our services if You attempt to do so.
19. Your Relationship with KarKiosk
Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between KarKiosk and You or any other party. You have no authority to make or accept any offers or representations on behalf of KarKiosk.
18. Notices
KarKiosk may provide legal and other notices to You, in KarKiosk’s sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by e-mail, postal mail, overnight courier or facsimile to any contact address or number that You have provided to KarKiosk. If You wish to provide notice to KarKiosk, You shall send such notice, postage prepaid by either U.S. certified mail or by international or domestic overnight courier, to: MSC - 672112, P.O Box 105168, Atlanta, GA 30348-5168. Notices You send by e-mail or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of KarKiosk.
19. How to Contact Us
Our “Contact Us” page contains information that allows You to contact Us directly with any questions or comments that You may have. We endeavor to review and reply promptly to each comment sent to Us. If You have any questions about these Terms or the practices of KarKiosk, or if You would like to register a complaint, notify KarKiosk of a dispute, notify KarKiosk of inaccurate or misleading information, or notify Us of improper use of the KarKiosk Data, please feel free to contact hello@KarKiosk, or via Certified Mail at:
KarKiosk, LLC
6 The Green, Ste. A
Dover, DE 19901
20. Important Reminder: Certain Prohibited Uses of the Site
As a reminder, We do NOT provide private investigator services or consumer reports and are NOT a consumer reporting agency–such terms have special meaning in the Fair Credit Reporting Act, 15 USC 1681 et seq., which are incorporated herein by reference. The information we provide is NOT collected or provided, in whole or in part, for the purpose of serving as a factor in establishing a person’s eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes; (c) benefits, tenancy or educational admission considerations; or (d) in connection with a business transaction initiated by an individual consumer for personal, family, or household purposes. We make NO representation or warranty as to the absolute status of any vehicle or the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of any person. Any additional protections afforded to consumers and obligations placed upon consumer reporting agencies per FCRA are not contemplated by, nor contained within, these Terms.
You acknowledge and agree that You will not conduct any search or otherwise obtain or use any Content or other information obtained from or through the Site for purposes prohibited by law. Because We are NOT a Consumer Reporting Agency, You are prohibited from trying to use any information obtained from the Site including, but not limited to, information obtained through KarKiosk Data, as a factor in determining anyone’s eligibility for:
Employment, including, but not limited to, to evaluate anyone for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
Tenancy, including, but not limited to, deciding whether to lease a residential or commercial space to anyone;
Educational Admission or Benefits, including, but not limited to, assessing anyone’s qualifications for an educational program or scholarship;
Personal Credit, Loans or Insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a anyone’s existing debt obligations; and/or
Business Transactions initiated by an individual consumer. Including, but not limited to, determining whether anyone continues to meet the terms of a personal customer account.
Nor may you use any Content in order to take any “adverse action”. Using information obtained from Us in any of the aforementioned ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate.
So, You may NEVER, under any circumstances, use Our Site, Content, KarKiosk Data or services or the information provided regarding Search Subjects to somehow try and make decisions about employment, tenant screening, consumer credit, insurance or any other purpose prohibited by law (including, doxing, harassing or stalking someone). You agree that You will not use any information obtained from Our Site for purposes of and/or in connection with determining a prospective person or candidate’s suitability for: employment, housing or accommodations, credit, health or any other insurance, loans, benefits, privileges or services provided by any business establishment. scholarships, tuition assistance, fellowships or education opportunities. The information We provide has NOT been collected in whole or in part for the purpose of furnishing consumer reports. Accordingly, by using the Site, You recognize, acknowledge, understand and agree that You will not use any of the information obtained from the Site as a factor in: (a) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (b) establishing any individual’s eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual’s eligibility for a license or other benefit granted by a government agency; (e) any effort to take any “adverse action”; or (f) any other product, service or transaction in connection with which a consumer report is used, including, without limitation, job applications, check-cashing, apartment rentals or opening deposit or transaction accounts.
If You are not sure whether Your desired use of information obtained from KarKiosk complies with these restrictions, please contact us at [email protected] before conducting any KarKiosk Data or otherwise obtaining information about a Search Subject from KarKiosk.
The information available on the Site is not necessarily 100% accurate, complete or up to date, so please do not use it in lieu of Your own common sense due diligence, especially where a vehicle’s history or current status may be concerned. We receive Our data from a variety of licensors and sources and cannot make any firm representation or warranty regarding the accuracy thereof or concerning the actual character or integrity of those about whom You inquire.
KarKiosk API Service Terms (where applicable)
I. Purchase of API Integration. If you are using the KarKiosk site to purchase API integration as an employee, representative or other agent of a motor vehicle dealership, hey! just got an awesome Onyx advent calendar in the mail THANKS! that’s very nice of ya :pray: manufacturer and/or other business entity, You acknowledge and agree that You are bound by these terms and are purchasing wholesale quantities of KarKiosk Data or KarKiosk reports (“Reports”) for use or resale, and accordingly, Your use of such Reports will strictly conform to the following guidelines. KarKiosk makes no representations about the quantity, sufficiency or quality of Reports that it provides to You. Purchases of Reports are not cancellable, and fees paid are not refundable. You are not authorized to use any Reports that are not fully paid for.
II. Authorized Use and Purpose of Reports. You are hereby granted a limited, revocable, nontransferable and nonexclusive license to access and use Reports solely for Your business purposes, consisting of the acquisition or potential acquisition of used vehicles primarily for retail sale (“Permitted Use”).
III. Restrictions on Access and Use. You shall not: (i) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of the Site, or create derivative works thereof, (ii) sell Reports or information derived from Reports, (iii) share usernames and passwords with any other person or entity (other than with KarKiosk and KarKiosk-approved third party vendors to facilitate the Permitted Use), (iv) use or permit use of the Site, Reports or any information derived therefrom in the operation of a credit bureau, (v) use the Site or Reports for anything other than the Permitted Use; (vi) recreate, compile or integrate Reports with other data, or (vii) disseminate the Reports in any way to any party other than to perform the Permitted Use. You shall not provide the Reports or the data derived from the Reports, in whole or in part, to any competitor of KarKiosk. Systematic access or retrieval of Reports, including without limitation the use of “bots” or “spiders,” is strictly prohibited. In the event that You provide a Report to another party, You will not: (A) use, or allow the use of, the Site, the Report, KarKiosk Data, or information derived from the Site or Reports for any unlawful purpose or in contravention of any federal, state, local, foreign or other applicable law, rule or regulation; (B) provide the Report or information derived from the Report to any party for the purpose of resale or remarketing in any manner; or (C) modify the Report in any way. You shall not make any representation or provide any warranty to any person or entity regarding KarKiosk, the Site and/or the Reports, whether written or oral, that is inconsistent with the provisions hereof and the information contained on the Reports (including all disclaimers).
IV. Reports Compliance. It is Your sole responsibility to familiarize Yourself with all laws and regulations applicable to the receipt, use, storage and safeguarding of data that identifies consumers that We provide to You, and to fully comply with them in all respects. You agree to maintain reasonable physical, electronic and procedural controls and safeguards to protect any such consumer information received pursuant hereto from unauthorized use or disclosure, including the maintenance of appropriate safeguards to restrict access to the consumer data solely to carry out the purposes for which the information was disclosed.
V. Disclaimers; Limited Liability. You acknowledge that KarKiosk is collecting data from public records and other sources for use on the Site and that this data may contain errors and omissions. KarKiosk does not guarantee the correctness or completeness of the Site or the Reports and KarKiosk will not be liable for any loss or injury caused, in whole or part, either by any procurement, compilation, collection, interpretation or making available of the Site. You understand that not all information is available for all states and that KarKiosk does not have access to some information that may be available to other parties. You also understand that there may be a period of time between receipt of certain information by KarKiosk and its compilation and inclusion into the Reports. You acknowledge that the Site does not provide any conclusions regarding the condition of any vehicle, and You assume full responsibility with respect to Your decisions and transactions using the Site. KARKIOSK MAKES, AND YOU ARE ENTITLED TO, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THAT KARKIOSK WILL FUNCTION WITHOUT INTERRUPTION OR ERROR, AND KARKIOSK EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that KarKiosk’s liability for damages, regardless of the form of action, shall not exceed the amount paid by You for the individual Report. IN CONNECTION WITH THE KARKIOSK API SERVICE, YOU UNDERSTAND THAT KARKIOSK LISTS THE REPORT INFORMATION PROVIDED TO KARKIOSK “AS IS” AND “AS AVAILABLE” AND KARKIOSK WILL HAVE NO LIABILITY FOR ANY INFORMATION LISTED IN CONNECTION WITH THE KARKIOSK API SERVICE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF THE INVENTORY INFORMATION OR FOR NON-COMPLIANCE WITH APPLICABLE FEDERAL OR STATE LAWS.
21. Fair Credit Reporting Act and related obligations
WE DO NOT PROVIDE PRIVATE INVESTIGATOR SERVICES AND ARE NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT 15 U.S.C. § 1681 et seq. (“FCRA”) BECAUSE THE INFORMATION WE PROVIDE IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSON’S ELIGIBILITY FOR (a) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (b) EMPLOYMENT PURPOSES; (c) BENEFITS, TENANCY OR EDUCATIONAL ADMISSION CONSIDERATIONS; OR (d) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES PER FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
Accordingly, You acknowledge and agree that You will not conduct any search or otherwise obtain or use any Content or other information obtained from or through the Site for purposes prohibited by law. Because We are NOT a Consumer Reporting Agency, You are prohibited from using any information obtained from the Site, including, but not limited to, KarKiosk Data or other information obtained, as a factor in determining the a person’s eligibility for:
Employment, including, but not limited to, to evaluate anyone for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
Tenancy, including, but not limited to, deciding whether to lease a residential or commercial space to anyone;
Educational Admission or Benefits, including, but not limited to, assessing anyone’s qualifications for an educational program or scholarship;
Personal Credit, Loans or Insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on anyone’s existing debt obligations; and/or
Business Transactions initiated by an individual consumer. Including, but not limited to, determining whether anyone continues to meet the terms of a personal customer account.
Nor may you use any Content in order to take any “adverse action”. Using information obtained from Us in any of the aforementioned ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from KarKiosk complies with these restrictions, please contact us at [email protected] before conducting any search or otherwise obtaining information from KarKiosk.
