Terms of Use
All persons or entities visiting this Website agree to the following terms and conditions. By this Website, You confirm Your agreement to and acceptance of these terms and conditions.
As used herein, “We”, “Us” “Ours” or “The BPA” refers to Cartagz, Inc or Cartagz.com.com. As used herein, “You” and “Your” refers to the persons or entities visiting this Website.
This Website is owned by and is a function of Cartagz, Inc. and is licensed and contracted under the Business Partner Automation Program, herein referred to as the “BPA” with the State of California Department of Motor Vehicles, herein referred to as the “DMV”, to process vehicle registration papers and issue registration cards, license plates and stickers for its customers. WE ARE NOT A GOVERNMENT AGENCY AND WE OPERATE INDEPENDENTLY FROM THE “DMV”. ALL TRANSACTIONS PROCESSED THROUGH THIS WEBSITE ARE CONSISTENT WITH THE LAWS AND REGULATIONS SET FORTH BY THE STATE OF CALIFORNIA AND THE CONTRACT BETWEEN US AND THE “DMV”. THE PROCESSES AND PROCEDURES OF THIS WEBSITE ARE DEVELOPED BY US AND OUR AFFILIATES. SOME PROCEDURES MAY NOT NECESSARILY BE CONSISTENT WITH THOSE OF THE “DMV”.
Corrections and Modifications:
We are under no obligation to update, correct, or otherwise modify any information contained, residing, or transmitted to this or any site owned by Us. While every reasonable effort is made to ensure that the information presented on and contained in these sites is accurate and correct, there may be inadvertent (technical and/or factual) inaccuracies and typographical errors. Information contained in Our sites may also become out-of-date. While We disclaim all responsibility to update or correct any information placed on Our sites, We reserve the right to make changes and updates to any information contained within Our sites, including these Terms and Conditions, at Our discretion and without prior notice.
Consent to Monitoring and Disclosure:
We are under no obligation to monitor the information residing on or transmitted to Our sites. However, anyone accessing Our sites agrees that We may monitor the site to (1) comply with any necessary laws, regulations, or governmental requests; (2) operate the site in a manner We deem proper or to protect against conduct We deem inappropriate. We shall have the right, but not the obligation, to reject or eliminate any information residing on or transmitted to Our sites that believe is unacceptable or inconsistent with these terms and conditions.
To the extent We receive information or materials through Our sites, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, or ideas, such information or material shall be deemed to be non-confidential. We assume no obligation to protect such information from disclosure. The submission of information or materials to Us through Our sites shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Us for any purpose whatever. In addition, We shall have the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any information or materials submitted by visitors/users through Our sites.
Endorsements and Linked Sites:
Periodically, We make reference in Our sites to the products, services, processes, hypertext links, or other information of third parties (hereinafter “Third Party Products”). Unless specifically stated otherwise, such references shall not constitute or imply Our endorsement, sponsorship, or recommendation of such Third Party Products. Third Party Products are the sole and exclusive responsibility of the third party owner. We are not responsible for the Third Party Products or the content on any third party internet site linked to Our sites.
Security:
Any user of Our server(s) or site(s) agrees to comply with any security processes and procedures (such as passwords) specified by US with respect to access to or use of Our sites. Unless specifically authorized by Us in writing, users of Our server(s) or site(s) further agree not to access or attempt to access any areas of or through the site that are not intended for general public access.
Warranty Disclaimer and Limitation of Liability
THE USER OF A OUR SYSTEM(S) AND SITE(S) ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVER, SITE, AND THE INTERNET GENERALLY. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS, AND SHAREHOLDERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESSED OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, OUR SERVER(S), SITE(S), OR THE INTERNET, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, OR NONINFRINGEMENT. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR TIMELINESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON OUR SERVER(S), SITE(S), OR OTHER MATERIAL ACCESSIBLE FROM OUR SERVER(S), SITE(S), OR INTERNET. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ACCESS TO OR USE OF OUR SITE(S), OR THE INTERNET GENERALLY, UNDER CONTRACT, TORT, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY, OR FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON OUR SERVER(S), SITE(S), OR THE INTERNET GENERALLY EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE USE OF OUR SERVER(S), SITE(S), OR THE INTERNET GENERALLY MAY BE BROUGHT BY A USER/VISITOR MORE THAN ONE (1) YEAR AFTER THE USER/VISITOR KNEW OR SHOULD HAVE KNOWN OF THE OCCURRENCE OF THE EVENT(S) WHICH GAVE RISE TO THE CAUSE OF ACTION.
THE INFORMATION PROVIDED ON OUR SERVER(S) AND/OR SITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, OR DATA ACCURACY. NO ADVICE OR INFORMATION GIVEN BY US, OUR AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR AGENTS SHALL CREATE ANY WARRANTY. NEITHER WE NOR OUR AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON A OUR SERVER(S), SITE(S), OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS ACCESSIBLE FROM THIS SERVER, WEB SITE, OR THE INTERNET GENERALLY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No Advice:
The information and materials contained on Our site(s) are intended for informational purposes and are not intended to offer advice, legal, financial, or otherwise, about specific situations or problems. We encourage all visitors and users to obtain competent and professional assistance in all matters requiring such advice or guidance.
Failure to Comply:
We reserve the right to terminate or restrict the access of any user or visitor to this or any of Our sites without notice should We determine that a user has violated (or is threatening to violate) any of these Terms and Conditions. We also reserve any and all remedies at law or equity in connection with violation of these Terms and Conditions.
Governing Law:
Any disputes resulting from a visitor’s use of Our server(s) or site(s) shall be construed and enforced under the laws of the State of California. Visitors hereby submit to the jurisdiction of the courts of Sacramento County, California, and waive any objection to venue with respect to actions brought in such courts. In any dispute, the prevailing party shall be entitled to recover its reasonable attorney’s fees and cost from the non-prevailing party. If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Personal Use Limitation:
This Website is for Your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this Website. You warrant that all information supplied by You or on Your behalf in using this Website is true and accurate.
Copyright and Trademark Notices:
All contents of this Website are owned by Us or the attributed parties. All rights are reserved. Certain trademarks, trade names and service marks appearing on this Website are owned by Us and Our affiliates. All rights are reserved with respect to those marks and names.
Indemnity:
You agree to indemnify, defend, and hold Us harmless, Our subsidiaries and affiliates, and the officers, directors, employees, and Our agents of and Our subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or in any way connected with Your access to or use of this Website.
No Unlawful or Prohibited Use:
As a condition to Your use of this Website, You warrant that You will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Modification of these Terms and Conditions:
We reserve the right to change at any time the terms, conditions, and notices under which this Website is offered.
General Terms:
These Terms of Use and the Privacy Policy posted on this Website set forth the entire understanding and agreement between Us and You concerning the products and services ordered on this Website, and supersedes any prior or contemporaneous oral or written agreements or representations (unless expressly set forth in writing). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Any rights not expressly granted herein are reserved.
Fees for Our Services:
As part of an effort to ensure continuous excellent customer service, the “DMV” offers to the consumer the benefit of the Business Partner Automation Program “BPA”. As a Business Partner, We may charge Our customers for the option of Us processing the registration papers and issuing a registration card, license plates and stickers. The customer transaction fee, as shown in the check-out page of this Website, is for the service(s) provided by Us per California Vehicle Code 1685. The “DMV” is required to charge a four dollar ($4) transaction fee for the information and services provided by the “DMV”. You acknowledge the service fee charged by Us for the processing of the registration/titling documents includes a four dollar ($4) transaction fee charged by the “DMV”. You agree and understand that the service fee paid for the processing of the registration documents with Us is a fee collected from Us in return for a service rendered and includes a four dollar ($4) transaction fee charged by the “DMV”.
You further agree that We will collect and forward the same, the amount assessed by and due to the “DMV” for the transaction(s) selected by You for the vehicle presented herein including a four dollar ($4) transaction fee for the information and services provided by the “DMV”. You further agree to pay the amount shown for the cost of any express courier service if selected. These fees are non-refundable once We complete Your order with the “DMV”.
Credit Card Submission:
Upon Your submission of Your vehicle and credit card information, We at Our option, will charge Your credit card for the agreed amount and either, fully complete the registration process, or set a Report of Deposit of Fees (RDF) with the DMV. These charges are non-refundable. In order for You to receive Your registration renewal and sticker, You must successfully pay the fees due and provide a digital or fax copy of any and all items required by the DMV to complete Your registration renewal.
Our processing fee is non-refundable should You fail to provide any items or identification requested by the DMV. Should You fail to provide any requested items required by the DMV, We will refund the transaction amount to Your credit card less Our processing fee.
Electronic/Digital Signature Consent:
In accordance with The Electronic Signatures in Global and National Commerce Act (ESIGN), You consent and agree that by accepting these Terms of Use, You are electronically/digitally creating and providing Your “signature mark” for the use and acceptance by Us and/or the California DMV on any application, form, document, disclosure or agreement necessary to process Your registration transaction. Upon Your request, You are entitled to receive copies of any or all electronically/digitally signed items used in connection with Your registration transaction. You have the option to not have Your signature(s) accepted electronically/digitally on any item by completing and submitting such item in its original paper copy, digital upload or facsimile copy to US. We will rely solely on the information submitted by You, the User, for the completion and acceptance of such item(s) and We are not responsible for any misuse, errors, omissions or third party submission of any application, form, document, disclosure or agreement submitted by You, the User, or any third party submitting information on Your behalf.
Information Required by You: You agree that in order to receive the current California Registration Certificate and Registration Sticker for the vehicle presented herein by You, We will require You to provide, via facsimile or digital copy, at least one of the following current or previously issued items: California Vehicle Registration Notice; California Notice of Delinquent Registration; California Notice of Incomplete Registration; California Vehicle Registration Card; or California DMV form 156 (Sections A,B &D) and any other documentation required by the DMV.
Additional Information That May Be Required by You:
In order to complete Your vehicle registration process, the “DMV” may require additional items for the vehicle submitted by You in this transaction, including but not limited to, satisfactory proof of current vehicle liability insurance and/or proof of a current vehicle smog inspection report on file with the “DMV”. We will accept these additional required items, via facsimile or digital copy.
Failure to Provide Requested Information:
After 10 calendar days of setting the Report of Deposit of Fees (RDF) with the “DMV”, should You fail to provide all required, additional information needed to complete full registration renewal for the vehicle presented herein by You. We will mail Your RDF to the address You provided. In order for You to receive a valid vehicle registration certificate for the vehicle presented herein by You, You must provide any additional items required by the “DMV” to us or directly to the “DMV”. We assume no responsibility for obtaining and providing these required items to the “DMV”.
Guarantee/Delivery Policy:
If You have selected to have Your vehicle registration renewal processed for express delivery, You must first comply with all of the following requirements:
- You must successfully complete the on-line vehicle information section of this Website.
- You must provide to Us, via facsimile or digital copy, at least one of the following current or previously issued items: California Vehicle Registration Notice; California Vehicle Registration Card; California Notice of Incomplete Registration; or California DMV form 156 (Sections A,B & D).
- Submit to Us for payment, all required fees and penalty assessments associated with the vehicle’s registration.
- Submit to Us for payment, the required costs for express courier service.
You must provide to Us, via facsimile or digital copy or US mail, any other requested items, including but not limited to, satisfactory proof of current vehicle liability insurance and/or proof of a current vehicle smog inspection report on file with the “DMV” for the vehicle presented by You herein.
Provided You have complied with all of the aforementioned requirements and all required items are received by Us by 3:00pm, Pacific Time, Monday through Friday (excluding legal holidays or in cases where required data is not available to Us to complete Your order), We will express ship Your completed vehicle registration certificate to the “ship to” address entered by You on this Website. We are neither responsible for any delays due the part of the courier service nor responsible for any lost, damaged or mutilated items being shipped through the express courier service. We reserve the right to choose which express courier service shall be used in this transaction.
Additional Fees/Late Penalties:
You agree that delays in providing any items requested by Us may result in additional fees and/or penalties assessed by the “DMV”. The cost of the registration renewal for the vehicle presented herein is valid for the date that We process this request. We are not responsible for any additional fees and/or penalties assessed by the “DMV” after the date in which this registration renewal request is processed.
Questions:
Questions regarding these Terms and Conditions should be directed to: AutoRegistration@cartagz.com.
