Terms and Conditions
THIS WEBSITE IS OWNED AND OPERATED BY POMCAR LLC, A FLORIDA LIMITED LIABILITY COMPANY (“POMCAR”). PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS APPLY TO THE WEBSITE POMCAR.COM, ANY POMCAR MOBILE DEVICE APPLICATION INTENDED FOR USE BY CONSUMERS (COLLECTIVELY, THE “SITE”), AND ANY VEHICLE INSPECTION REPORTS OR OTHER CONTENT OR INFORMATION PROVIDED BY, OR ON BEHALF OF, POMCAR. IN THE CASE OF PROSPECTIVE PRE-OWNED OR NEW VEHICLE BUYERS, BY VISITING OR USING THE SITE, ANY PAGE OF THE SITE, USING THE POMCAR SERVICES AVAILABLE THROUGH OUR SITE, OR, IN THE CASE OF PROSPECTIVE PRE-OWNED OR NEW VEHICLE SELLERS, BY PERMITTING A TECHNICIAN (DEFINED BELOW) TO INSPECT YOUR VEHICLE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING ENFORCEABLE CONTRACT BETWEEN YOU AND POMCAR. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE, OR PERMIT A TECHNICIAN TO INSPECT YOUR VEHICLE, AS THE CASE MAY BE.
POMCAR RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS. THE EFFECTIVE DATE OF ANY CHANGES TO THESE TERMS MAY BE FOUND AT THE END OF THIS DOCUMENT. PLEASE CHECK THE TERMS AND CONDITIONS PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF CHANGES TO THE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- POMCAR has the right at any time to change or discontinue any aspect or feature of the Site, including, without limitation, the content, hours of availability, and equipment needed for access to, or use of, the Site.
- Although we may choose to communicate with you by regular mail, most, if not all, communications between POMCAR and you will be sent and received through electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Site. When you use our Services, you consent to communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additional charges from your telecommunication carrier may apply.
- Service Description; Payment for Services; Refund Policy.
- Services. POMCAR is a web-based pre-owned or new vehicle inspection matching and reporting platform enabling consumers who submit a vehicle inspection request within the continental United States, and which is accepted by POMCAR, (each, a “Customer”) to be matched with a vehicle inspection technician (each, a “Technician”) who will then execute a “Standard Limited Vehicle Inspection” (see Section 2b hereafter) at a location designated by the vehicle seller’s (each, a “Seller”), the results of which will be compiled in a vehicle inspection report by POMCAR (each, a “POMCAR® Vehicle Report™”) and provided to the Customer. Each POMCAR Vehicle Report, which will be accessible to the Customer for a thirty (30) day period to minimize the likelihood that the information contained therein becomes outdated, will convey information related to vehicle representation by Seller, safety and physical deficiencies (the above services, individually or collectively, the “POMCAR Services” or “Services”).
- Standard Limited Vehicle Inspection; No Guarantee or Warranty. POMCAR Technicians will perform a Standard Limited Vehicle Inspection, and the Customer understand and hereby agrees that the condition of the vehicle may change after the inspection takes place, and/or a more comprehensive mechanical inspection may present issues that were not identified during the Standard Limited Vehicle Inspection (e.g.., not being able to put the vehicle on a lift, not removing tires, engine components, etc). POMCAR MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTY WHATSOEVER WITH RESPECT TO THE CONDITION OF THE VEHICLE OR THE SERVICES PERFORMED BY THE TECHNICIAN THROUGH THE USE OF OUR SITE OR OUR SERVICES.
- Technicians are independent contractors of POMCAR who apply to become members of the POMCAR network. A majority of those whose applications are accepted are certified by the National Institute for Automotive Service Excellence (“ASE”), an independent non-profit organization dedicated to improving the quality of vehicle repair and service by testing and certifying automotive professionals. NOTWITHSTANDING THE FOREGOING STATEMENT, POMCAR CANNOT, AND DOES NOT, MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES WHATSOEVER WITH RESPECT TO THE ACCREDITATION, REGISTRATION OR LICENSING OF ANY TECHNICIAN.
- Payment Policy.
While a binding contract between Customer and POMCAR for the purchase and sale of a POMCAR Vehicle Report occurs at the time that POMCAR accepts Customer’s vehicle inspection request, payment will not be captured and Customer’s credit card will not be charged when the requested vehicle inspection cannot be performed due to any of the following:
- Unavailability of Technician
- Incorrect request information (e.g., vehicle location address, Seller contact information)
- Vehicle no longer offered for sale
- Vehicle pending sale or sold
- Seller unwilling to permit inspection
- Refund Policy.
- Should you decide to cancel a request before the inspection is scheduled, you will receive a 50% refund of the inspection cost.
- Once scheduled by a POMCAR Technician, we cannot offer a refund as we have commissioned a tech to perform the inspection.
- If the vehicle is no longer available for sale, the seller is unwilling to permit the inspection, or a POMCAR Technician is unavailable to inspect, you will receive a full refund.
- Eligibility for Our Service.
- By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including these Terms. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms.
- If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms.
- POMCAR reserves the right to request documented proof of your compliance with these terms of eligibility.
- Accounts and Registration.
- To access some features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
- If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity or age. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
- Account Management.
- If you have been issued an account by POMCAR in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not POMCAR, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify POMCAR immediately.
- POMCAR may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
- 7. Restrictions on Use.
- The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and graphics (the “Content”). The Content of the Site, as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of POMCAR and its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part; provided however, that you may use the “share” feature that POMCAR may make available on your POMCAR Vehicle Report on the Site to share on social media or with email recipients (i) a link to the applicable POMCAR Vehicle Report, and/or (ii) information regarding your activities on the Site. Except as otherwise expressly permitted under these Terms or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of POMCAR or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in, or deletion of, author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
- Your access to the Site and to the Content is solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site or the Content. You may not download or copy any account information for the benefit of any merchant or for any commercial purpose. YOU MAY NOT MAKE USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE CONTENT. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists and users, portions of a database, or other lists or information from the Site not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POMCAR, or its affiliates, without POMCAR’s prior express written consent. You may not use meta tags or any other “hidden text” utilizing the POMCAR name or trademarks without the express written consent of POMCAR.
- Systematic retrieval of the Content or other 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 POMCAR is strictly prohibited.
- You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site. The Site is for your personal use only. You will not (i) post on, or transmit to, the Site any false, defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, distribute, transmit, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; (iii) except as expressly permitted in these Terms, copy, display or reproduce any information obtained from the Site; or (iv) use the Site in any manner that violates any applicable laws, regulations, orders or other restrictions.
- POMCAR is not obligated to monitor your, or any other user’s, use of the Site; such responsibility rests solely with you. POMCAR reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason, or no reason in POMCAR’s sole judgment.
- POMCAR makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
- The provisions of this Section 7 are for the benefit of POMCAR, its subsidiaries, affiliates, and third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- POMCAR may take any legal action, as it deems appropriate and necessary, including, without limitation, prohibiting your use of the Site, civil and criminal proceedings, and proceedings for 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 the requirement that POMCAR post a bond.
- Information Accuracy. We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service. Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.
- Interruption of Service. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
- Disclaimer of Warranties; Limitation of Liability.
- POMCAR OFFERS SERVICES AS AN ONLINE VEHICLE CUSTOMER-TECHNICIAN MATCHING AND REPORTING SERVICE. POMCAR IS NEVER A PARTY TO ANY TRANSACTION BETWEEN PROSPECTIVE OR ACTUAL BUYERS AND SELLERS OF VEHICLES, INCLUDING CUSTOMERS AND SELLERS, AND DOES NOT (i) GUARANTEE OR ENSURE THE AVAILABILITY, SAFETY OR CONDITION OF ANY VEHICLE OR ANY TRANSACTION BETWEEN PROSPECTIVE OR ACTUAL BUYERS AND SELLERS OF VEHICLES, INCLUDING CUSTOMERS AND SELLERS, (ii) COLLECT OR PROCESS PAYMENT FOR, OR TRANSFER TITLE TO, ANY VEHICLE, OR (iii) WAREHOUSE, STORE, SHIP OR DELIVER ANY VEHICLES.
- POMCAR IS NOT RESPONSIBLE FOR, AND DOES NOT VERIFY OR WARRANT, THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED BY PROSPECTIVE OR ACTUAL BUYERS AND SELLERS OF VEHICLES, INCLUDING CUSTOMERS AND SELLERS.
- NEITHER POMCAR, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR SELLER OF ANY VEHICLE, INCLUDING CUSTOMERS AND SELLERS, AS TO i) THE EXISTENCE, OWNERSHIP, SAFETY OR CONDITION OF ANY VEHICLE, ii) THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE CONTAINED IN A POMCAR VEHICLE REPORT, iii) THE DEGREE OF FIT WITH RESPECT TO THE MATCHING OF A CUSTOMER, AND THE VEHICLE WHICH IS THE SUBJECT OF THE RELATED POMCAR VEHICLE REPORT, WITH A PARTICULAR TECHNICIAN, OR iv) THE CREDENTIAL, CERTIFICATION OR QUALIFICATIONS OF ANY TECHNICIAN. POMCAR MAY, BUT HAS NO OBLIGATION TO, CORRECT ANY ERROR OR OMISSION ON THE SITE OR ANY POMCAR VEHICLE REPORT. EACH CUSTOMER MUST ADDRESS ALL CONCERNS, DISCREPANCIES AND/OR POTENTIAL ISSUES WITH A SELLER PRIOR TO THE SALE OF THE RELATED VEHICLE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND RELIANCE UPON THE INFORMATION CONTAINED IN A POMCAR VEHICLE REPORT IS AT YOUR SOLE RISK. NEITHER POMCAR, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR ii) THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE, INCLUDING ANY POMCAR VEHICLE REPORT.
- ANY PROSPECTIVE SELLER OF A VEHICLE WHO PERMITS A TECHNICIAN TO INSPECT THE SELLER’S VEHICLE SHALL BE DEEMED TO HAVE WAIVED ANY AND ALL CLAIMS AGAINST POMCAR FOR ANY CLAIMS OF MISREPRESENTATION OF VEHICLE FOR SALE, DAMAGE TO SUCH VEHICLE OR ANY OTHER INFORMATION CONTAINED IN A VEHICLE REPORT.
- THE SITE AND EACH POMCAR VEHICLE REPORT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES WHICH ARE THE SUBJECT OF POMCAR VEHICLE REPORTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR ANY POMCAR VEHICLE REPORT, AS THE CASE MAY BE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT POMCAR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL POMCAR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, OR ANY POMCAR VEHICLE REPORT, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS AND CONDITIONS, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT OF A POMCAR VEHICLE REPORT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE OR IN ANY POMCAR VEHICLE REPORT.
- IN NO EVENT SHALL POMCAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (“CLAIM”) WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR OBTAINING ANY POMCAR VEHICLE REPORTS OR OTHER INFORMATION FROM THE SITE DURING THE THIRTY (30) DAYS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
- YOU AND POMCAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You agree that you will be personally responsible for your use of the Site and the POMCAR Services; and you further agree to defend, indemnify and hold harmless POMCAR and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of, the Site, the POMCAR Service or the services or products you purchase through the Site including, without limitation, any POMCAR Vehicle Reports; (ii) your violation of these Terms and Conditions or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) any actual, prospective or terminated sale or other transaction between you and a third party, and (v) any death, or serious physical or emotional harm, to you or any third party resulting from your use of the Site or the POMCAR Services or products purchased though the Site.
- POMCAR reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- IN CONSIDERATION FOR BEING PERMITTED TO USE OUR SERVICES, YOU RELEASE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITE OR THE POMCAR SERVICES, OR ANY OTHER SERVICES OR PRODUCTS PURCHASED THOUGH THE SITE OR FROM A TECHNICIAN MATCHED WITH YOU THROUGH THE POMCAR SERVICES.
- If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Trademarks and Patents. POMCAR is a U.S. registered trademark of POMCAR, LLC. All trademarks and service marks of POMCAR and its subsidiaries or affiliates displayed on the Site or in any POMCAR Vehicle Report are subject to state, federal, and/or international trademark protection. Unless expressly authorized by POMCAR, you may not use its trademarks or service marks with any product or service that is not provided by POMCAR, or in any manner that is likely to cause confusion among customers, including Customers, or that might disparage or discredit POMCAR. All other trademarks appearing on the Site or in any POMCAR Vehicle Report are the property of their respective owners, including third party providers of products and services with links to and from the Site.
Copyright and Intellectual Property Policy.
We respect the intellectual property rights of others. We reserve the right to remove any content on the Site which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Site, or remove, edit, or disable any content on the Site which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent at: All notices should be sent to the following:
PO Box 742454
Boynton Beach, FL 33474
Email: [email protected]
If you receive notification that your content has been removed from the Site, you have an opportunity to appeal this removal if you believe that your content was removed in error. If you believe that the removed content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email notice to the Copyright Agent at: [email protected], with the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in the state of Florida, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.
- Third Party Links, Services and Content.
- Any information or content expressed, or made available by, third parties, including other Site users and third-party information providers, including ASE and all external report data sources (“Third Party Content”), are those of the respective author(s) or distributor(s) and not of POMCAR.
- User Content.
- The Site may now, or in the future, include functionality that allows users to post “User Content” including, without limitation, any messages, reviews, comments, feedback, suggestions, tips, digital files, images, photos, artwork, text, video, hyperlinks and documents, or any other content you upload, transmit or otherwise make available to POMCAR and/or its users via the Site. If you do post content or submit material, and unless we indicate otherwise in writing, you grant POMCAR and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. POMCAR has the right but not the obligation to monitor and edit or remove any User Content. POMCAR takes no responsibility and assumes no liability for any User Content posted by you or any third party.
- User Content must not be illegal or in violation of any applicable laws or regulations, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
- Submission of Personal Information, Reviews, Comments, Communications, and Other Content.
- You agree that by completing a vehicle service request, you are entering into a business relationship with POMCAR and its business partners and thus agree to be contacted by POMCAR and/or such partners. You promise that all information you provide (including but not limited to your contact information, and any ratings and reviews of the related Vehicle Inspection Report that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or POMCAR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POMCAR has the right to refuse any current or future use of the POMCAR Services (or any portion thereof) by you. You are responsible for any use of the POMCAR services by persons to whom you intentionally or negligently allow access to your password.
- TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INCLUDING INVASION OF PRIVACY RIGHTS, TO POMCAR AND ITS BUSINESS PARTNERS, INCLUDING TECHNICIANS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A VEHICLE SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO POMCAR AND EACH POMCAR BUSINESS PARTNER, INCLUDING TECHNICIANS, FOR THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COSTS AND EXPENSES RELATING THERETO.
- Viruses. POMCAR also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
- Export Control. Software and other materials from the Site may also be subject to United States Export Control laws. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Crimea Region of Ukraine, Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. POMCAR does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
- Third-Party Business Associates. The third-party business associates of POMCAR identified on the Site (including, but not limited to, Technicians, external report data sources and payment gateways) are independent contractors of POMCAR. The third-party business associates are not joint ventures or partners of POMCAR. No employee or representative of the business associates is under the control of POMCAR and POMCAR is not liable for any acts or omissions thereof.
- Changed Terms. POMCAR has the right at any time to change or modify the Terms applicable to use of the Site, any POMCAR Vehicle Report, or any part thereof, or to impose new conditions, including, without limitation, adding or increasing fees and charges for use or access thereto. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions. The last date on which these Terms has been updated in noted at the end of these Terms.
- Governing Law. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of any state or Federal court in the State of Florida, acknowledge that venue is proper in the State of Florida, agree that any action related to these Terms must be brought in a state or Federal court in the State of Florida and waive any objection that may exist, now or in the future, with respect to any of the foregoing.
- Equitable Remedies. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in any state courts of record or a United States District Court for the State of Florida. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
- Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and POMCAR agree that any claim or dispute at law or equity that has arisen, or may arise, between you and POMCAR (including any claim or dispute between you and a third-party agent of POMCAR) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of POMCAR or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
- Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and POMCAR, except as otherwise stated in this Agreement.
- Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and POMCAR, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and POMCAR are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND POMCAR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND POMCAR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. We at POMCAR believe that most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to POMCAR should be sent to the address provided in the Contact Us section at the end of these Terms of Service (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If POMCAR and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or POMCAR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by POMCAR or you shall not be disclosed to the arbitrator during the arbitration proceeding.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless POMCAR and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, POMCAR agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Florida in and for the County in which POMCAR has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within the State of Florida for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Florida; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
- No Waiver. POMCAR’S failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- Law Enforcement.
- POMCAR is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If POMCAR receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), POMCAR may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. POMCAR will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
Statutory Rights; Notice To California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site, or to receive further information regarding use of our Site.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at [email protected] or mail us here:
PO Box 742454
Boynton Beach, FL 33474
Last updated: March 10, 2021