Terms of Service

Below is the revised version of your Terms of Service with the requested changes applied:

Welcome to Car-Lookup.com, provided to users by eSolutions 88, LLC ("we," "us," or eSolutions 88, LLC). eSolutions 88, LLC created these Terms of Service ("Terms") to govern how we operate and offer, and how you access and use, our website (car-lookup.com), and the associated products, Car-Lookup services, data, information, content, and materials thereon (collectively, the "Services"). If you are accepting these Terms of Service on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent and warrant that you have full legal authority to bind such entity to these Terms of Service.

PLEASE CAREFULLY READ THESE TERMS. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS.

By using or visiting our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section 20, and the Privacy Policy.

We reserve the right to change, modify, add to, or otherwise alter these Terms of Service at any time. Changes, modifications, additions or deletions to these Terms of Service shall be effective immediately upon their posting on the Services. You agree to review these Terms of Service periodically to be aware of such revisions. Your use of the Services after we post such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.

1. Services

Our Services allow users to search our vast database for vehicle information. When performing vehicle searches, users may be able to perform recall lookups, learn a vehicle's fair market value, or purchase vehicle history reports.

We grant you a personal, limited, nonexclusive license to access and use the Services, for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Services except for these express purposes and as expressly allowed by these Terms of Service.

2. Registration

You will need to create an account with us to use the Services ("Account"). You must be 18 years of age or older to use the Services and purchase any services. Any offers of sale are only intended for individuals who are eighteen (18) years of age or older. By using the Services or purchasing services, you affirm that you are eighteen (18) years of age or older.

You agree to provide true, current, complete, and accurate information as requested, and to update that information as soon as possible after any registration changes. You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account, whether or not authorized by you. You agree to immediately notify eSolutions 88, LLC of any suspected or actual unauthorized use of your account. eSolutions 88, LLC will not be liable for any cost, loss, damages, or expenses arising out of your failure to maintain the security of your password.

3. Prohibited Uses

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content:

• (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;

• (b) to solicit others to perform or participate in any unlawful or prohibited acts;

• (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete any copyright or other proprietary notices;

• (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another;

• (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services or related websites;

• (h) to collect or track the personal information of others;

• (i) to send advertising or promotional materials, spam, or similar solicitations;

• (j) for any damaging, obscene or immoral purpose;

• (k) to interfere with or circumvent any security features of the website or Services;

• (l) to systematically retrieve data or content to create a compilation without our written permission;

• (m) or any other use that violates these Terms or our Privacy Policy.

eSolutions 88, LLC reserves the right to monitor your use of the Services and may restrict, limit, or deactivate your account for any reason, including if your use exceeds the scope of permitted personal use. We may take appropriate legal action if you violate these Terms or applicable law.

4. Intellectual Property

A. General

All content, features, and functionality available through our Services—including design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, code, and other materials ("Materials")—are the proprietary property of eSolutions 88, LLC, our affiliates, brand partners, or licensors and are protected by intellectual property laws. You may not modify, copy, distribute, reproduce, republish, download, display, post, transmit, or sell any portion of the Materials without our prior written permission, except as permitted for non-commercial, personal uses.

B. Black Book Data

When using the Services, you may access content licensed from National Auto Research ("Black Book"), a division of Hearst Business Media Corporation (the “Black Book Data”). By accessing this information, you agree to comply with the terms specified by Black Book, including maintaining its confidentiality and not using the data for any unauthorized purposes.

5. Purchase Options and Pricing

We offer various purchase options, including subscriptions and one-time reports. Current descriptions and pricing for different services are available on the Services. We reserve the right to modify prices and to add or remove services or subscription options at any time. Any changes will become effective upon the renewal of or purchase of additional Services.

6. Billing

A. Fees

You must pay all fees for purchases on the Services using a current and valid payment method ("Payment Account"). We will bill the fees to the provided Payment Account. If your Payment Account information is inaccurate or incomplete, we may refuse your use of the Services or suspend your subscription.

For one-time purchases, fees will be billed immediately at the time of your order. Transactions will appear on your credit card statement as CAR-LOOKUP.COM or CARLOOKUP.

7. Trials

We may offer free or paid trial access to the Services. For a paid trial, the trial fee will be immediately billed to your Payment Account, and your subscription will begin on the "Next Billing Date" as stated on your order confirmation and account details page. The recurring monthly subscription fee will be billed thereafter unless canceled.

9. Customer Support

Our Customer Support team is available 24/7 to assist with questions or concerns. For billing issues, please contact Customer Support via our online form or by emailing [email protected] before contacting your bank.

10. Cancellation and Termination

A. By You

You are responsible for canceling your account. You may cancel at any time by calling us or emailing the address provided in the "Contact Us" section below. Cancellation takes effect immediately, but you remain responsible for any outstanding payments incurred prior to cancellation. Even after cancellation, you may continue to make one-time purchases on the Services.

B. By Us

We reserve the right to terminate or restrict your account and access to the Services for any reason, including if your usage is deemed unacceptable or if you violate these Terms. We may terminate your account without prior notice and will not be liable for such termination.

C. Effects of Termination

Upon termination, your account and any associated content may be permanently deleted. If you do not log in for twelve (12) months, we may treat your account as inactive and delete it permanently. All provisions of these Terms that are intended to survive termination will continue in effect.

11. FCRA Notice

eSolutions 88, LLC does not compile background information for employment purposes and is not a "consumer reporting agency" under the Fair Credit Reporting Act (FCRA). The reports provided are not "consumer reports" under the FCRA. You are expressly prohibited from using any information from our search results to discriminate against consumers or for evaluating eligibility for credit, insurance, employment, housing, or government benefits. Any misuse may subject you to liability under the FCRA, and you agree to indemnify eSolutions 88, LLC for any such claims.

12. DPPA Notice

You may conduct motor vehicle record searches through the Services only for purposes permitted under the Driver's Privacy Protection Act of 1994 (DPPA) and applicable state laws. You represent that your search is for an authorized purpose. Unauthorized use of this information may result in civil or criminal liability, and you agree to indemnify eSolutions 88, LLC for any resulting claims.

13. Business Terms

For users purchasing or using our Services for business purposes, including API integrations:

• A. License: You are granted a limited, revocable, nontransferable, and nonexclusive license to access and use the Services solely for your business purposes related to acquiring used vehicles for retail sale.

• B. Report Quality: We do not guarantee the sufficiency or quality of reports, and purchased reports are non-cancellable and non-refundable.

• C. Restrictions: You may not sell, redistribute, or provide the content from the Services to any third party for resale or remarketing, nor may you make any inconsistent representations or warranties regarding our Services.

14. Links to Third-Party Sites

Our Services may include links to third-party websites and integrations. We are not responsible for the content, accuracy, or practices of these external sites. Please review their policies carefully before engaging in any transactions.

15. Security

We use commercially reasonable measures to secure the Services; however, no method of transmission or storage is completely secure. We are not liable for unauthorized access, misuse, or disclosure of your information.

16. Disclaimers

We source vehicle information from publicly available sources and do not generate original reports. We do not guarantee the accuracy or completeness of the information provided and disclaim all liability for any errors. It is your responsibility to verify the information and use it in conjunction with your own research. For the latest recall or vehicle-specific information, contact the manufacturer or relevant authorities.

17. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, eSolutions 88, LLC PROVIDES THE SERVICES, CONTENT, AND INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

18. Limitation of Liability

eSolutions 88, LLC is not liable for any technical malfunctions, interruptions, or failures in the operation of the Services. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING FROM THE USE OR INABILITY TO USE THE SERVICES. Our aggregate liability is limited to one hundred US dollars ($100.00).

19. Indemnification

You agree to indemnify, defend, and hold harmless eSolutions 88, LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or any infringement of rights by you.

20. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A. Arbitration Notice

You and eSolutions 88, LLC agree that any dispute or claim arising from these Terms or the Services (except for Exempt Claims, as defined below) will be resolved by confidential binding arbitration rather than in court. First, you must provide Notice of the Dispute to the other party, including a description of your claims and the relief sought. The Notice should be sent to:

390 Northeast 191st Street, Miami, FL 33179

If the dispute is not resolved within thirty (30) days of sending the Notice, arbitration may be initiated. The arbitration will be governed by the Federal Arbitration Act and applicable Florida arbitration laws and administered by an agreed-upon arbitration institution (or, if none, by a recognized arbitration institution in Florida). All filing, administration, and arbitrator fees will be governed by the rules of the chosen institution.

Arbitration may be conducted in Miami, Florida, or at another mutually agreed location. For consumers, the arbitration will be held at a convenient location. If the relief sought is $10,000 or less, arbitration may be conducted by telephone or in writing, subject to the arbitrator’s discretion regarding an in-person hearing. Both parties waive their right to a jury trial. If any claim proceeds in court rather than arbitration, both parties waive any right to a jury trial. Additionally, any claims to enjoin intellectual property infringement may be brought in court.

Exempt Claims: Claims in small claims court or claims to enjoin intellectual property infringement may be excluded from arbitration.

Opt Out: You may opt out of this arbitration clause by sending a written notice within 60 calendar days of agreeing to these Terms to:

390 Northeast 191st Street, Miami, FL 33179

Include your name, address, and date in the correspondence. This is the only method to opt out.

Any claim must be filed within one (1) year from when it arose.

21. General Provisions

A. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with Spanish law, without regard to its conflict of laws principles.

B. Entire Agreement

These Terms constitute the entire agreement between you and eSolutions 88, LLC, superseding any prior agreements.

C. No Agency

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between the parties.

D. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

E. No Waiver

Failure by eSolutions 88, LLC to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

22. Contact Us

For any questions regarding these Terms, please contact us at [email protected].

eSolutions 88, LLC
390 Northeast 191st Street, Miami, FL 33179