CarStory Terms of Service
Welcome to CarStory Inventory Intelligence
Vast.com, Inc. (dba “CarStory”) (“Company”) offers a suite of “CarStory Inventory Intelligence” service offerings by way of a URL (“Web-Link”) or a mobile app (“App”). “You” means the business entity which has completed Company’s online registration form (“Registration Form”) to subscribe to one or more of the CarStory Inventory Intelligence services. By completing the Registration Form, you will be subscribed to only that specific service (including the data provided in connection with such service) for which you have been registered and for which you have made full payment (“CarStory Services”) that references these Terms of Service. In the process of registering with CarStory Services, you will set up user names and passwords (“Credentials”) for your employees and agents acting solely on behalf of you, for whom sufficient licenses have been purchased pursuant to the Registration Form and over whom you exercise sufficient control to bind them to the Terms of Service (“Authorized Users”) to access CarStory Services. You agree that you will only provide Credentials to Authorized Users.
These terms of service (“Terms of Service”) govern your Authorized Users’ use of the CarStory Services through the Web-Link and the App, and the functions or content provided therein. By completing the Registration Form to use the CarStory Services, you are agreeing to the terms and conditions outlined herein and thereby represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by the Terms of Service. Also, by registering and agreeing to the Terms of Service on behalf of your company, its’ affiliates and all Authorized Users, you warrant that you have full authority to bind all Authorized Users to the terms set out in the Terms of Service.
The Company, in its sole discretion, reserves the right to modify the Terms of Service from time to time, without notice by updating this link. Your continued use of the Web-Link and/or App and accessing the CarStory Services shall constitute your acceptance of such modifications.
License To CarStory Services
Permitted Use: The license granted to you in these Terms of Service to use the CarStory Services is limited to a non-exclusive, non-transferable license for Authorized Users to use the CarStory Services on any supported devices subject to the Terms of Service. This license does not allow you to distribute or make CarStory Services available over a network where it could be used by multiple devices at the same time. You agree to only use the CarStory Services solely for your own internal use and not for the benefit of any third party. You may share content and insights that you gain from using the CarStory Services with end customers of your business (“Customer Communications”), but only at your own risk. Not all CarStory Services are made available by way of App and Web-Link. Unless otherwise specifically stated in the Registration Form, it will be at Company’s sole discretion as to whether or not the CarStory Services will be available to you by way of an App or a Web-Link, or both. The foregoing is the “Permitted Use” for the CarStory Services.
General Restrictions: You may not rent, lease, lend, sell, redistribute or sublicense CarStory Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CarStory Services or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Company. If you breach this restriction, you may be subject to prosecution and damages. The terms of these Terms of Service shall govern any upgrades provided by Company that replace and/or supplement the original CarStory Services, unless such upgrade is accompanied by a separate license in which case, the terms of that license will govern. The license set forth in the Terms of Service is a term license that will expire or terminate in accordance with these Terms of Service.
Additional Restrictions: In addition to the foregoing, you may not:
• store or retain CarStory Services content separately from the App or Web-Link;
• use CarStory Services content for analytics or research purposes;
• share your login information with any third parties;
• attempt to resell or charge any fee for use of the CarStory Services or content contained therein;
• access the CarStory Services content for purposes of monitoring its availability, performance, functionality, or for any other benchmarking for the purposes of selling services that are competitive to CarStory Services.
CARSTORY SERVICES ARE BEING PROVIDED SOLELY FOR THE PERMITTED USE (AS DEFINED ABOVE).
Ownership of Intellectual Property Rights
You acknowledge and agree that CarStory Services and the content of the CarStory Services are owned by the Company and all rights including intellectual property rights, title and interest in the same vests with the Company. All trademarks, service marks, and logos used in the CarStory Services are the trademarks, service marks or logos of the Company or permitted by the proprietors of the said trademarks, service marks, or logos for display in the CarStory Services. You shall not alter or attempt to alter any of the trademark notices, service marks, or logos for display in the CarStory Services and you shall continue to retain all the said trademark notices, service marks, or logos for display in the CarStory Services and any copies thereof.
From time to time you may be submitting to Company certain pictures, listing information and various other materials, including but not limited to those regarding motor vehicles, by yourself or through any third party, whether via Vast.com website, in any other way, or through any other medium (“Licensed Content”). For clarity, Licensed Content includes any and all data or materials provided, submitted or otherwise made available or accessible by you to Company in any way, prior to or during the term of the Terms of Service. You hereby grant to Company a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license, with right of sublicense, to use, copy, reproduce or have reproduced, edit, combine, modify, merge, make derivative works, translate, enhance, import or have imported, cache, demonstrate or have demonstrated, market or have marketed, and otherwise publish the Licensed Content and to syndicate the Licensed Content, however desired by Company, by way of any medium now known or devised in the future.
You agree that any suggestions, improvements, ideas or other information related to the functionality or capabilities of the CarStory Services that you submit to Company related to the CarStory Services (“Feature Requests”) shall be owned by Company and shall deemed to have been assigned to Company by you upon such submission. We appreciate feedback, but the Company will not pay you for Feature Requests.
You agree that you acquire no ownership, title, right or interest of any kind in the Company’s CarStory Services and any other intellectual property. You shall not use the Company’s names, logos, trademarks, the CarStory Services and any other works of authorship without the Company’s prior written consent.
Company’s warranties and disclaimer
THE COMPANY PROVIDES THE WEB-LINK AND/OR APP AND ACCESSING THE CARSTORY SERVICES AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS.
To the fullest extent permissible under applicable law, the Company hereby disclaims all representations and warranties, express, implied or statutory, including, without limitation, all warranties of title, non-infringement, and all representations and warranties relating to (a) the adequacy, timeliness, accuracy or completeness of any information in the CarStory Services, (b) your use of the Web-Link and/or App and access to the CarStory Services will be uninterrupted, error-free, or secure, (c) any errors or defects in the CarStory Services will be corrected, (d) the website or the servers on which the website holding the CarStory Services is hosted are free of viruses or other harmful components, (e) the results that may be obtained from the use of the CarStory Services shall be accurate or reliable, and/or (f) merchantability and fitness of the CarStory Services for a particular purpose.
YOUR USE OF THE WEB-LINK AND/OR APP AND ACCESSING THE CARSTORY SERVICES WILL BE AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF, OR RELIANCE ON, THE CARSTORY SERVICES AND ANY INFORMATION PROVIDED IN SUCH CARSTORY SERVICES. Company shall not be liable for any damage to your computer system or loss of data that may result from the download of any material from the Web-Link, App, and/or the CarStory Services and any loss or damage of any kind including loss of property or otherwise. No advice or information obtained by you from the Web-Link and/or App and accessing the CarStory Services shall create any warranty not expressly stated in the Terms of Service.
Disclaimer of Damages and Limitation of Liability
You expressly understand and agree that the Company shall not be responsible or liable for any direct, indirect, incidental, special, consequential, exemplary, punitive or other losses or damages, or for any damages pertaining to loss of profits or business, loss of goodwill or reputation, loss of use or data or other intangible damages or losses, even if such party has been advised of the possibility of such damages, under any contract, tort including, without limitation, negligence and strict liability or other legal theory, howsoever caused, arising out of or relating to the Web-Link and/or App and the CarStory Services.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CARSTORY SERVICES IS TO STOP ACCESSING THE CARSTORY SERVICES AND TERMINATE THE TERMS OF SERVICE. IN THE EVENT THAT THE FOREGOING DISCLAIMER OF LIABILITY IS HELD TO BE INVALID OR UNENFORCEABLE, YOU AGREE THAT THE MAXIMUM CUMULATIVE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT INCLUDING AND WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE AT ANY TIME SHALL BE $100 (USD ONE HUNDRED).
Indemnity
You expressly agree that you shall indemnify, defend and hold harmless the Company from and against any and all claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including legal fees, that may be asserted, granted, imposed or brought against the Company for claims related to any Customer Communications or any transactions between you and your customers.
Termination
These Terms of Service shall be valid for the period more specifically described in the Registration Form accepted by you, which refers these Terms of Service. These Terms of Service may be terminated by either you or the Company, subject to a notice of thirty (30) days being provided to the other party. Such notice, where applicable, shall be provided by the Company to you directed at the email Id provided by you during the process of registration with the Company’s website; and by you to the Company directed at support@carstory.com. Upon termination, your access to CarStory Services will cease with immediate effect.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws in the State of Texas, without regard to conflict of laws’ provisions. You hereby irrevocably consent to the exclusive jurisdiction of the courts in Travis County, Texas for all disputes arising out of or relating to the use of the Web-Link and/or App and the CarStory Services.
Miscellaneous
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service shall not be assignable or transferable by you except with the Company’s prior written consent. No waiver by the Company of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in these Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Terms of Service, together with the Registration Form accepted by you, which refers these Terms of Service, constitutes the entire agreement between you and the Company relating to the subject matter herein and supersedes any or all prior or contemporaneous written or oral agreements.
You certify that you have read and understood the above terms and that you agree to be bound by these Terms of Service.
BY CLICKING THE “ACCEPT” BUTTON, OR BY USING THE WEB-LINK AND/OR APP AND/OR ACCESSING ANY CARSTORY SERVICES, YOU INDICATE YOUR ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, PLEASE DO NOT CLICK ON THE “ACCEPT” BUTTON AND DO NOT USE THE WEB-LINK AND/OR APP AND ACCESS THE CARSTORY SERVICES.
