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GoProvin

Terms Of Use

IMPORTANT: THESE TERMS OF USE FOR ACCESS TO OR USE OF ANY SERVICES PROVIDED BY GOPROVIN (“TERMS OF USE”) ARE AN AGREEMENT BETWEEN GOPROVIN, INC. (“GOPROVIN”) AND YOU (“you” or “your”) FOR THE CREATION OF A GOPROVIN ACCOUNT AND/OR ACCESS TO OR USE OF THE GOPROVIN WEBSITE, THE myGOPROVIN WEBSITE AND/OR MOBILE DEVICE APPLICATION(S) FOR GOPROVIN AND/OR myGOPROVIN (COLLECTIVELY, THE “SITE”) AND/OR THE CONTENT THEREIN WHETHER OR NOT YOU CREATE A GOPROVIN ACCOUNT.

BY VISITING THE SITE, OR ANY PAGE OF THE SITE, AND/OR BY USING ANY GOPROVIN SERVICE (AS DEFINED BELOW), YOU INDICATE THAT (I) YOU HAVE READ THESE TERMS OF USE, (II) YOU UNDERSTAND THEM, AND (III) YOU AGREE THAT THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND GOPROVIN. YOU WILL COMPLY WITH AND BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU CREATE A GOPROVIN ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU MAY NOT CREATE A GOPROVIN ACCOUNT OR ACCESS OR USE ANY SITE OR ANY PART OF THE GOPROVIN SERVICE(S).

GOPROVIN RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY STATEMENT PERIODICALLY FOR ANY REVISIONS OR UPDATES. YOUR CONTINUED USE OF ANY SITE AFTER CHANGES TO THE TERMS OF USE ARE POSTED CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

General

(a) The Services. Services consist of the Site, any content on the Site, and all products and services offered by GOPROVIN, including without limitation, the myGOPROVIN Service, used car listings, vehicle history reports (and excerpts thereof), sell my car services, and any comments, ratings, reviews, or other content or materials submitted by you or other users on or through the Site (collectively, “Submissions”), regardless of the manner, form, or medium in which the content is delivered to you, stored by you, or delivered by you. All Services are owned and operated by GOPROVIN. GOPROVIN reserves the right to change or discontinue any aspect or feature of any Service at any time, including, without limitation, the content and availability of the Service or the equipment required to access or use the Service. Please review GOPROVIN’s Privacy Statement (available at [privacy statement URL]), which applies to the information collected by GOPROVIN during your visit and use of any Service, to better understand GOPROVIN’s policies and procedures regarding the collection and use of personal information.

(b) The Account. You may be required to create an account in order to use some features of the Site or the Services. To create a GOPROVIN account, you must use a valid email address registered to you. You may not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with GOPROVIN when you register. You may not use the terms GOPROVIN, CAR FOX, or any derivatives of such terms as part of your screen name or username. Except as specifically set forth in Section 19, communications between GOPROVIN and you will be sent and received electronically. You agree that all agreements, notices, disclosures, and other communications exchanged between you and GOPROVIN electronically shall satisfy any legal requirements that such communications be in writing. By creating an account, you represent and warrant to GOPROVIN that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform the obligations under these Terms of Use, (ii) you own the vehicles for which you are using the myGOPROVIN Service, and (iii) all information provided by you to GOPROVIN through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality of any password you use to access your account.

 myGOPROVIN Service.

(a) Description. The myGOPROVIN Service is a personal vehicle information management service that allows you to consolidate and track information about your vehicles. The myGOPROVIN Service may provide you with alerts about safety recalls, warranty information, email reminders about recommended service, access to service history on your vehicles, and other vehicle service-related information. The myGOPROVIN Service may also provide information to you relating to third-party products or services, such as coupons, discounts, and special offers (“Third Party Offers”). The myGOPROVIN Service is intended to help you organize and manage information about your vehicles. It is not intended to provide legal, tax, or financial advice.

(b) Right to Access and Use the myGOPROVIN Service. You are hereby granted a limited, revocable, non-exclusive, and non-transferable license to access and use the myGOPROVIN Service in the United States solely for your personal use and only in accordance with these Terms of Use.

(c) Recall Information. GOPROVIN receives information regarding vehicle safety and emissions recalls from most manufacturers of vehicles sold in the United States. While each manufacturer provides data updates to GOPROVIN regularly, some recalls may not have been reported to GOPROVIN.

  • Toyota Recall: Toyota Motor Sales, USA, Inc. provides GOPROVIN with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to GOPROVIN regularly, this report may not include very recent activity. For the most current information on recall activity for any Toyota vehicle, please refer to [Toyota recall URL].
  • Scion Recall: Toyota Motor Sales, USA, Inc. provides GOPROVIN with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to GOPROVIN regularly, this report may not include very recent activity. For the most current information on recall activity for any Scion vehicle, please refer to [Scion recall URL].
  • Lexus Recall: Toyota Motor Sales, USA, Inc. provides GOPROVIN with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to GOPROVIN regularly, this report may not include very recent activity. For the most current information on recall activity for any Lexus vehicle, please refer to [Lexus recall URL].

Used Vehicle Listings.

GOPROVIN offers GOPROVIN Used Car Listings as an online used vehicle listing service. GOPROVIN is never a party to any transaction between buyers and sellers and does not (a) guarantee or ensure the availability of any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer title, or (c) warehouse, store, ship, or deliver any vehicles. Sellers may include information about specific vehicles, special offers, incentives, or pricing. GOPROVIN is not responsible for and does not verify or warrant the accuracy or completeness of the information provided by sellers, and the information may contain errors or omissions. Users of the Site should contact sellers for information regarding specific vehicles. NEITHER GOPROVIN, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (collectively, “GOPROVIN Parties”) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP, OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE LISTED ON THE SITE. GOPROVIN may, but has no obligation to, correct any error or omission on the Site. All vehicles are subject to prior sale. The buyer must address all concerns, discrepancies, and/or potential issues with the seller before the sale of the vehicle.

 Sell My Car.

GOPROVIN offers the Sell My Car feature to allow users to connect with dealers who may wish to purchase the user’s used vehicle. GOPROVIN is not a party to any transaction between buyers and sellers and does not guarantee that the buyer will offer any specific price to the seller. GOPROVIN is not responsible for and does not verify or warrant the accuracy or completeness of any information provided by the buyer or seller. The seller may be required to present the documents required by the buyer in order to receive a written offer from the buyer. If the seller accepts a buyer’s offer to purchase, the buyer may first pay off any outstanding lien amount on the seller’s vehicle, and the seller may receive only the amount by which the amount offered by the buyer exceeds the amount of any lien on the seller’s vehicle, if any.

Restrictions on Access and Use

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or exploit any of the Service(s) or content therein, either in whole or in part. However, you are allowed to use the “share” feature provided by GOPROVIN to share a link to such Service (i) on your social media platforms, or (ii) via email. Except as explicitly permitted under these Terms of Use or by copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Services is permitted without the express written permission of GOPROVIN or the copyright owner. In cases where copying, redistribution, or publication of copyrighted material is allowed, no changes to author attribution, trademark legend, or copyright notice may be made. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material, or by using the Site and/or any Service.

You may not utilize robots, spiders, or similar data mining, data gathering, or extraction tools, nor engage in manual processes to collect, gather, or copy any content or information from any Services. GOPROVIN offers you access to the Service(s) solely for personal and non-commercial use. Reselling or making commercial use of any Service(s) is prohibited.

You shall not: (i) allow the decompilation, modification, disassembly, or reverse engineering of any Service, or create derivative works thereof; (ii) permit unauthorized parties to view, access, or use any Service; (iii) sell, assign, rent, transfer, distribute, act as a service bureau, sublicense, or otherwise grant rights in any Services to any other person or entity; (iv) engage in “screen scraping,” “database scraping,” or any other activity aimed at obtaining lists of vehicles, database portions, or other information from any Services; (v) use framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of any GOPROVIN Parties without prior express written consent; (vi) use meta tags or any other “hidden text” utilizing GOPROVIN Parties’ names or trademarks without express written consent; (vii) use or allow the use of any Services in violation of these Terms of Use or any applicable laws, rules, or regulations; (viii) introduce any virus or other code or routine intended to disrupt, delete, damage, or alter the Service.

Systematic retrieval or use of the Service or any data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database, or directory without the express written permission of GOPROVIN is strictly prohibited. You may not use the Site in a manner that could damage, disable, overburden, or impair the Site or any Service or interfere with others’ use and enjoyment of the Site or any Service.

The above provisions are for the benefit of GOPROVIN and its associated entities, and each shall have the right to enforce such provisions directly. Unauthorized use of any Service, including activities that are fraudulent or otherwise inappropriate, may be investigated. GOPROVIN may take any legal action deemed necessary, including civil and criminal proceedings, restraining orders, and injunctions. You agree that monetary damages may not provide a sufficient remedy, and you consent to injunctive or other equitable relief for such violations without GOPROVIN having to post a bond.

Ownership

You acknowledge that all Services contain copyrighted material, trademarks, and other proprietary information. The Services, including the content, organization, layout, and design elements of the Site, and all intellectual property relating to the Services, including but not limited to patents, design rights, copyrights, trademarks, service marks, database rights, trade secrets, know-how, and all derivative works thereof (collectively, “Intellectual Property”), are and will remain the property of GOPROVIN or its affiliates and are protected by United States and international copyright, trademark, and other applicable intellectual property laws. You shall not attempt to obtain any right, title, or interest in or to such Intellectual Property or any derivative thereof. You shall not take any action that jeopardizes, limits, or interferes with GOPROVIN or its affiliates’ ownership of or right to use the Intellectual Property.

Trademarks and Patents

All trademarks and service marks of GOPROVIN and its affiliates displayed in connection with any Service are subject to state, federal, and/or international trademark protection. Unless expressly authorized by GOPROVIN, you may not use any trademarks or service marks that you access through any Service in connection with any product or service not provided by GOPROVIN, in a manner likely to cause confusion among customers, or that might disparage or discredit GOPROVIN and its affiliates. All other trademarks appearing in the Services are the property of their respective owners, including third-party providers of products and services linked to and from the Services.

No Modification of Services

You shall not modify any Service (including the Site), except that you may input and save information related to your vehicle(s) as permitted by GOPROVIN. If any modification or improvement to any Service or the Site is developed by you, contrary to these Terms of Use, you agree to and hereby assign to GOPROVIN all Intellectual Property related to such modification or improvement. You further agree to execute all documents and undertake all reasonable actions as requested by GOPROVIN to procure, perfect, maintain, or otherwise vest ownership of such Intellectual Property in GOPROVIN.

Submissions by You

You may provide Submissions through the Site, provided they are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and do not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You are solely responsible for all your Submissions to the Site. You may not use a false identity, impersonate any person or entity, or otherwise mislead regarding the origin of the Submission.

Unless otherwise indicated, (a) you grant GOPROVIN and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submission throughout the world in any media, now known or hereafter devised; (b) you grant GOPROVIN and its affiliates and sublicensees the right to use the name that you submit in connection with your Submission, if they choose; and (c) you represent and warrant that (i) you own and control all the rights to the information you post or otherwise distribute through the Submission, or you otherwise have the lawful right to post and distribute such information to or through any Service; (ii) the Submission is accurate and not misleading; and (iii) the use, posting, or other transmission of such Submission does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant GOPROVIN the right to pursue any person or entity that violates your or GOPROVIN’s rights in the Submission by breaching these Terms of Use.

GOPROVIN has the right but not the obligation to monitor, edit, or remove any Submission. You assume all risks associated with the use of your Submissions, including any reliance on their accuracy, completeness, or usefulness by others, or any disclosure by you of information that makes you personally identifiable. You may not imply that your Submission is in any way sponsored or endorsed by GOPROVIN.

You understand and agree that if your Submission contains any ratings or reviews, the entity you rate or review may respond, and GOPROVIN does not control, nor is obligated to review, delete, or edit, such responses. GOPROVIN takes no responsibility and assumes no liability for any Submission posted, stored, or uploaded by you or any third party, or for any loss or damage thereto or caused thereby. The Services are provided “AS IS” and “AS AVAILABLE.” GOPROVIN does not guarantee the accuracy, integrity, or quality of any ratings, reviews, or other content (user-generated or otherwise) on the Site. Under no circumstances will GOPROVIN be liable in any way for such content, including, but not limited to, errors or omissions in any ratings, reviews, or other content, or any loss or damage of any kind incurred as a result of the use of or reliance on any Submission or other content. GOPROVIN DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.

As a provider of interactive services, GOPROVIN is not liable for any statements, representations, or information provided by its users in any public forum or the Site. Although GOPROVIN has no obligation to screen, edit, or monitor any information posted or distributed through the Site, it reserves the right to remove, screen, or edit without notice any information posted or stored on the Site at any time and for any reason.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in the termination or suspension of your rights to use the Site. GOPROVIN may access and disclose any information it considers necessary or appropriate to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect its systems and customers, or to ensure the integrity and operation of its business and systems.

Any information or content expressed or made available by third parties, including other participants on the Site, are those of the respective author(s) or distributor(s) and not of GOPROVIN. The inclusion of such information or content does not imply endorsement by GOPROVIN or any association with the provider of the content. The opinions expressed on the Site by users or any other participant are theirs alone and do not reflect the opinions of GOPROVIN or any of its affiliates.