Welcome to Carsv, Inc., the website & App for Carsv, Inc., Inc. (We will refer to “Carsv, Inc.,” as “we,” “us” or “our” throughout the following document.) The terms and conditions set forth herein are referred to as the “Agreement” and govern all use of Carsv, Inc. website, mobile application, features, activities and products available at or throughout the website and/or mobile application. We will refer to the services provided by our company as the “Services.” Therefore, this Agreement sets forth the legally binding terms and conditions for your use of the website, mobile application, and the Services.
Carsv, Inc. is a service company that primarily facilitates sales between private sellers and buyers. As a buyer, Carsv, Inc. offers you many services and protections, which re described in this Agreement. For example, all vehicles offered for sale to buyers in our company undergo Carsv, Inc.’s 203 Points inspection and meet all of the safety and registration requirements imposed by New York State. Subject to certain restrictions, all Carsv, Inc. vehicles come with a 10-day money back guaranty so that if a costumer needs to return a vehicle for any reason, he or she will receive a full refund. Carsv, Inc. offers many services to sellers as well. We will professionally inspect and photograph your vehicle with Carsv, Inc.’s 185 Points inspection before it is listed. Once a buyer purchases your vehicle, we will pick up the vehicle, pay you, and handle the delivery to the buyer. Carsv, Inc. guarantees that the non-negotiable price we will offer you is higher than the vehicle’s value as reported by other agencies such as Kelly Blue Book or Edmund’s True Market Value.
These features are offered subject to certain restrictions described in this Agreement. Moreover, your use of Carsv, Inc.’s Services imposes certain obligations on you, which are described further below. We strongly encourage and recommend you to read this Agreement in its entirety.
A. Registration / Modification
Carsv, Inc. reserves the right to modify this Agreement at any time. Any of such modification will be evidenced by an effective date. All users of this website, including those who have previously acknowledged their acceptance of our Agreement, will be notified of any modification. Carsv, Inc. may, in its unilateral discretion, change, restrict access to, suspend, or discontinue this website, or any portion thereof.
B. Intended Use
This website is intended for the use of residents of the United States of America only (excluding the unincorporated territories of Puerto Rico and Guam). Users must also be 18 years or older whom have the capacity to enter into a valid contract. By accepting this Agreement, you represent and affirm that you meet these requirements. If you are accepting this Agreement on behalf of an organization, you attest that you have the authority to do so.
In compliance with the Children’s Online Privacy Protection Act, Carsv, Inc. does not knowingly or intentionally solicit or collect information from minors, and our Services are not directed towards minors.
C. Arbitration and Class Action Waiver
In accordance with the terms set forth in Section 10 of this Agreement, you agree that any legal dispute between you and us will be resolved by a binding, individual arbitration and that you waive your right to participate in class action lawsuit or class-wide arbitration.
D. Sale By Private Sellers/Non-Interference
The website serves primarily to facilitate sales between private sellers and buyers of used vehicles. With certain exceptions, addressed at Section 4(A) below, the vehicles offered for sale on the website are offered for sale by the private seller, and not by Carsv, Inc.. By accepting this Agreement, you represent and affirm that you will not (i) communicate directly with buyers and/or sellers regarding the listed vehicles; (ii) recruit, solicit, or encourage any other user to use third party services or websites that are direct competition to Carsv, Inc.; (iii) use the website or mobile application to find a buyer or listed vehicle and then complete a transaction independent of the website, mobile application, or Services in order to circumvent the obligation to pay any fees related to the Services; or (iv) otherwise interfere with vehicle listings without authorization from us.
Access and Use of the Services
In order to use this website and access the Services, you will be required to create an account on our website or mobile application (the “Account”). You must provide accurate information and keep your Account information updated. You shall not: (i) select or use a username of another person with the intent to impersonate him or her; (ii) use as a ‘username’ a name that is subject to right violations of a another person if used without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account’s password secure. You may never use another person’s user Account or registration information for the Services without proper permission. You must notify us immediately of any changes in your eligibility to use the Services, breach of security or unauthorized use of your Account. By registering an Account using your Facebook login credentials, you give us permission to use and publish Facebook information in accordance with the settings you have selected with us and with Facebook.
Buying and Selling Vehicles
Carsv, Inc. is fully licensed by the New York Department of Motor Vehicles as a used-car dealer and as an auto broker. As explained below, once a buyer has agreed to purchase a vehicle and/or has paid for a particular vehicle offered for sale on our website, Carsv, Inc. purchases that vehicle from the seller (if Carsv, Inc. does not otherwise own the vehicle), and then sells and delivers the vehicle to the buyer.
We may use a third-party payment processor (the “Payment Processor”) to bill you or compensate you through a payment account linked to your Carsv, Inc. account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to consummate a transaction with Carsv, Inc., you agree to pay us, through the Payment Processor, all charges in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge or credit your chosen payment provider.
A. Selling a Vehicle on this Website
With certain exceptions addressed in Section 4(B) below, the vehicles listed for sale on this website are offered for sale by private sellers, and not by Carsv, Inc.. To list a vehicle for sale on the Carsv, Inc. website, the seller must have possession of the vehicle to be sold, and (i) the ability to transfer title, or (ii) if there is a lien on the vehicle, the seller must have warned Carsv, Inc. of the lien and must have provided us with the information needed to satisfy the lien. The seller acknowledges that if he or she provides Carsv, Inc. with any false, incomplete, or inaccurate information, including but not limited to vehicle or personal information, any contract entered into between by the seller and Carsv, Inc. for the purchase of a vehicle by Carsv, Inc. is null and void and of no force of effect. The seller will be responsible to compensate Carsv, Inc. for any costs, losses or damages resulting from any false, incomplete, or inaccurate information.
In order to list a vehicle for sales on this website, the website will ask you, as a prospective seller, to provide basic information regarding the vehicle, including make, model, year, style and mileage. You will then be asked to schedule an appointment with us so we can perform the Carsv, Inc.’s 185 Points inspection for your vehicle with one of our inspectors, and to fill in certain identifying information, including your name and/or the home address at which the vehicle will be inspected. During the registration process, Carsv, Inc. will provide you, as a prospective seller, with the Kelly Blue Book and True Market Value for your vehicle for you to make a decision.
Once you have filled in the required information and scheduled an inspection, Carsv, Inc. will send one of its inspectors to your home or office to photograph the vehicle inside and out, and to conduct a Carsv, Inc.’s 185 Points inspection, including a test drive of the vehicle. The inspector will also verify the vehicle’s make, model, year, style and mileage, and title and registration, and confirm that the seller is the owner of the vehicle. The Carsv, Inc. inspector in accordance with Carsv, Inc. 185 Points inspection process will conduct the inspection of the car.
Upon completing the inspection, Carsv, Inc. will, within two (2) business days, email the seller a price it will pay the seller for the car if a purchaser agrees to buy it (the “Guaranteed Price”). Prices are fixed and not subject to negotiation, and are based on a variety of factors, including the market value of the vehicle at the time of inspection as assessed by a third-party appraisal. Carsv, Inc. will provide a prospective seller with a trade in value for the vehicle that takes into account the results of Carsv, Inc.’s 185 Points inspection. Carsv, Inc. guarantees that the trade in value it offers will be higher than the Kelly Blue Book or Edmund’s True Market Value. At the same time it advises the seller of the price, Carsv, Inc. will also advise the seller of the Carsv, Inc. commission that will be deducted from that price in the event the vehicle is sold. Carsv, Inc.’s commission is determined on a car-by-car basis, and takes into consideration the value of the car at the time of our inspection. Carsv, Inc. commission is not negotiable.
Once the vehicle passes the inspection, the vehicle will be invited to advertise for sale on our website by the private seller at the Guaranteed Price. In offering a vehicle for sale on this website, the seller (i) represents that he or she has physical possession of the vehicle to be sold and either (a) he or she has the ability to transfer the title, and (b) he or she has fully disclosed any lien on the vehicle to us, and has provided Carsv, Inc. with sufficient information to enable Carsv, Inc. to satisfy the lien; and (ii) agrees that, unless or until he or she advises Carsv, Inc. that the vehicle has been sold, or cancel his or her listing on the website, the vehicle is available for sale and, as long as the seller is paid the Guaranteed Price, seller will consummate the sale transaction. The seller is free to continue to use his or her vehicle until a buyer agrees to purchase the vehicle and a sale to that buyer is consummated. The seller may also continue to list the vehicle for sale through other outlets, but it is the seller’s responsibility to inform Carsv, Inc. immediately if the vehicle is sold. It is also the seller’s responsibility, using www.Carsv, Inc./Dashboard, to inform Carsv, Inc. of any times during which the vehicle will be unavailable for pickup. For example, the seller must notify Carsv, Inc. if he or she is going on vacation and will be unavailable to transfer title and possession while being away.
Carsv, Inc. may revise the Guaranteed Price in the event of any post-inspection damage. In such a situation, Carsv, Inc. may – but is not required to – make the seller a new offer on different terms. It is the seller’s responsibility to inform Carsv, Inc. through [email protected]Carsv.com. immediately if any damage occurs to the vehicle after the inspection. Should the seller fail to timely inform Carsv, Inc. of such post-listing damage, Carsv, Inc. may, at its sole discretion, remove the listing for the vehicle from the website. The seller also agrees to reimburse Carsv, Inc. for any costs, losses, or damages suffered as a result, including but not limited to the cost of repair and the cost of any necessary inspection or re-inspection. Carsv, Inc. or a third-party working on behalf of Carsv, Inc. will determine the nature and extent of any post-incident damage.
If Carsv, Inc. and a buyer mutually execute an agreement where a buyer will purchase a seller’s vehicle from Carsv, Inc. (the “Retail Installment Contract”), Carsv, Inc. will as soon as reasonably practicable, (1) secure the vehicle title from the seller, (2) secure all necessary signatures from the seller to accomplish transfer of title, (3) pay the seller for the vehicle by way of a check issued by Carsv, Inc., and (4) pick up the vehicle from the seller.
Carsv, Inc. may remove the seller’s listing from the website if Carsv, Inc. cannot acquire from the seller the vehicle’s title, the vehicle per se, or the necessary signatures to finish the contract. Assuming the car has not suffered any post-inspection damage, the price paid by Carsv, Inc. to the seller will be the Agreed upon Price minus the Carsv, Inc. commission. Should the buyer return the vehicle to Carsv, Inc. for any reason, we will retain the title and possession of the vehicle while the seller can retain the price paid to him or her. Any returned vehicle to us will be put up for sale on our website and may also be offered for sale on our premises.
Carsv, Inc. cannot guarantee that a vehicle listed on the website will be sold nor can Carsv, Inc. guarantee the length of time it will take for any car to sell. Carsv, Inc. may, in its sole discretion, remove a listing from this website if the car is not sold within thirty (30) days. Alternatively, Carsv, Inc. could make a new offer to the seller at a revised price point.
B. Buying a Vehicle on this Website
Following the registration for access and use of the Services, a prospective buyer is free to browse the website. For each vehicle offered for sale, the website displays professional photographs and certain characteristics of the vehicle. The photographs displayed are not exemplars, but photos of the actual vehicle offered for sale.
Each of the vehicles offered for sale on this website is certified by Carsv, Inc. pursuant to its multistep pre-purchase certification process. For each vehicle offered for sale, the website displays a completed Carsv, Inc.’s 185 Points inspection report reciting the steps conducted in the certification process including each of the components inspected, and the status of the vehicle with respect to each step and component.
With respect to any vehicle Carsv, Inc. sells, Carsv, Inc. will have complied with all requirements of the New York Vehicle Code with respect to (1) making sure the vehicle operates properly, (2) odometer disclosure, and (3) smog inspection. Carsv, Inc. will also make all disclosures required under New York and Federal law such as the Federal Buyer’s Guide. Carsv, Inc. will publish on its website any third party report it has secured with respect to an individual vehicle. Carsv, Inc. disclaims any responsibility for the accuracy of any such report.
The sale price at which the seller offers a vehicle for sale on this website is fixed and it is not subject to negotiation. The prices on the website do not include title and registration for New York residents, the cost of delivery within a 100 mile radius of New York City, New York smog test, document fees and Carsv, Inc.’s commission. Prices on the website also do not include: (1) sales or usage tax, (2) delivery outside of a 100 mile radius of New York City, (3) non-New York title and registration fees, and (4) financing charges or extra purchases including but not limited to an extended warranty.
Once a buyer decides to purchase a particular vehicle, the buyer and Carsv, Inc. will mutually execute a Retail Installment Contract finalizing the terms of the sale. A buyer can pay for the vehicle by check, credit card, or bank transfer. Payment is due at the time of executing the Retail Installment Contract, and by then, the buyer’s account will be charged immediately. After executing the Retail Installment Contract and verifying funds, Carsv, Inc. will contact the buyer to make arrangements for the delivery of the vehicle, title, and, if the buyer is in New York, the delivery of registration as well. All vehicles delivered to a buyer will be free and clear of any liens previously attached to the vehicle.
While Carsv, Inc. expects to be able to offer delivery within several days of most purchases, there are certain circumstances outside of Carsv, Inc.’s control that may delay delivery. For example, if the seller is out of town, Carsv, Inc. may be unable to obtain the vehicle until the seller returns. Accordingly, Carsv, Inc. cannot offer a guaranteed delivery timeframe at the time of purchase.
Each vehicle sold by Carsv, Inc. comes with a 10-day money back guaranty. This means that, as long as (i) the vehicle has not been driven more than a total of 1,000 miles when the vehicle was in buyer’s possession (the “Mileage Limit”), and (ii) the vehicle is in the same condition as it was at the time of delivery (collectively the “Money Back Guaranty Conditions”), a buyer can, within 10 days of delivery, return the vehicle to Carsv, Inc. and receive a full refund. As long as the Money Back Guaranty Conditions are satisfied, the buyer may return the vehicle. Carsv, Inc. does not offer partial refunds and will not renegotiate the purchase price if the buyer is not satisfied with the vehicle. In the event that the buyer is not satisfied with the vehicle for any reason, the buyer may, as long as the Money Back Guaranty Conditions are satisfied, return the vehicle within ten days of purchase and, subject to excess mileage charges described above, receive a full refund.
If the vehicle has been damaged or is otherwise in worse condition than it was at the time of delivery, Carsv, Inc., in its sole discretion, may refuse to refund any portion of the purchased price, or may choose to reduce the refunded amount by the amount required to return the vehicle to its condition at the time of delivery to buyer. All Carsv, Inc. vehicles come with the 10-day money back guaranty described above.
User Generated Content
A. Prohibited Actions
You are held solely responsible for your communication on the website and of your use of the Services. You agree not to do any of the following on our website: (a) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (b) post or transmit any message, data, image, content or program that would violate any property rights of others; (c) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents from designated officials; (e) upload files that contain a virus or corrupted data; (f) falsify the source or origin of software or other material contained in a file that you upload to the Services; (g) falsely purport to be an employee or agent of Carsv, Inc.; (h) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (i) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content.
B. Carsv, Inc.’s Exclusive Right to Manage the User Submissions
You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Carsv, Inc. in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You explicitly agree that we may remove, disable or restrict access to any User Submissions from the Services at any time, for any reason or for no reason at all. Carsv, Inc. reserves the right to treat User Submissions as content stored at the direction of users for which Carsv, Inc. will not exercise control except to block or remove content that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Carsv, Inc., or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to our attention. However, Carsv, Inc. shall not be responsible for controlling or editing any content, and Carsv, Inc. has no contractual obligation to remove inappropriate or unlawful content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of content.
C. License to Carsv, Inc. of Your User Submissions
You hereby agree to grant to Carsv, Inc. a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any social media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to Carsv, Inc. to your User Submissions, you also hereby grant to Carsv, Inc., and agree to grant to Carsv, Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Carsv, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this section.
D. Representations and Warranties Related to Your User Submissions
Each time you submit a User Submission, you represent and authorize that, as to the User Submission, (1) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit such User Submission and grant Carsv, Inc. the rights to it according to the terms stated in this Agreement, all without any obligation to obtain consent of any third party and without creating any obligation or liability of Carsv, Inc.; (2) the User Submission is accurate; (3) the User Submission does not and, as to Carsv, Inc.’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other rights of a third party; (4) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (5) the User Submission complies with all applicable laws and regulations.
E. Responsibility of Users
You are entirely responsible for the content of, and of any harm resulting from, your User Submissions. Carsv, Inc. does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
Accuracy of Website Information
Carsv, Inc. designed this website to meet your used car purchase and sale needs by providing you with the most accurate and up-to-date information about Carsv, Inc.’s inventory. Despite our best efforts, however, it is inevitable that some inaccuracies may arise. Additionally, photographs of automobiles found on the Carsv, Inc. website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. Carsv, Inc. will not be responsible for errors found on this website, including but not limited to pricing errors or an incorrect statement of accessories on a particular vehicle.
Carsv, Inc. reserves the right to change product pricing without notice.
Ownership and Proprietary Rights
All information contained in this website, unless otherwise stated, is owned solely and exclusively by Carsv, Inc.. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Carsv, Inc. has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Carsv, Inc.; however, vehicle information may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other “hidden text” utilizing Carsv, Inc.’s name or trademarks without the specific written consent of Carsv, Inc.. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.
Carsv, Inc. is a registered trademark or service mark of Carsv, Inc., Inc. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by Carsv, Inc. or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Carsv, Inc..
Carsv, inc. makes no representations about the suitability of the information and related graphics contained in this website for any purpose whatsoever. all information provided on our website is provided “as is,” with all faults and without warranties of any kind either express or implied. Carsv, inc. disclaims all warranties, express and implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement and any warranties arising from course of performance, course of dealing, or usage in trade. Carsv, inc. shall not be liable for any indirect, special, consequential, incidental, or punitive damages, including, without limitation, lost profits or revenues, costs of replacement of goods, loss or damage to data arising out of the use or inability to use the Carsv, inc. website, or for damage resulting from the use of or reliance on the information contained herein. some states do not allow limitations on how long an implied warranty lasts or exclusion or limitations on relief such as incidental or consequential damages, so the above limitation may not apply to you.
Dispute Resolution/Jurisdiction/Agreement to Arbitrate
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Carsv, Inc. agree that this section satisfies the “writing” requirement of the Federal Arbitration Act.
First — Try to Resolve Disputes and Excluded Disputes
If any controversy, allegation, or claim arises out of, or relates to the Services, the content available through the Services, your User Submissions, or this Agreement (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute’s nature, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provided us with. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this section. Your notice to us must be sent to: [email protected]Carsv, Inc.. During a 60 days period from the date of receipt of the notice from the other party, Carsv, Inc. and you will engage in a good faith dialogue in order to attempt to resolve the Dispute. Nothing will require either you or Carsv, Inc. to resolve the Dispute on terms with respect to which you and Carsv, Inc., in each party’s sole discretion, are not comfortable.
Usages and Ownership of Customer Information
Violations of the Agreement
In the event you violate or attempt to violate any part of this Agreement, Carsv, Inc. reserves the right to terminate your access to this website immediately, at our sole discretion, with or without any kind of notice. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit in accordance with the section above or criminal prosecution for any alleged or actual illegal activities involving this website.