Terms of Service

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Last Updated: December 1, 2023

Welcome to DmvRecord.com. By accessing or using the DmvRecord.com website (the " Platform"), however accessed or used, you agree to be bound by the following terms (the " Terms of Service" or the "Agreement"), , which constitutes a legally binding contract between the operator of this Platform ("DmvRecord," "Company," " we," or " us") and you governing your use of the Platform.

If you do not understand this Agreement, or do not agree to be bound by it or our Privacy Policy, you may not access or use the Platform, and you must immediately cease accessing or using the Platform.

About The Services

What We Do

DmvRecord provides court reports ("Reports"). We acquire our court reports from third parties that aggregate public court records from government agencies. Because human errors may occur when information is entered into those government records, we assume no liability for those errors and suggest you confirm information with the appropriate government agency.

What We Don't Do

The Platform is not intended to provide you with any financial, legal, accounting, investment or related advice of any kind. The property reports are public records, and no investigation is made into their accuracy. We do not create the reports/records and have no ability to correct the information reported thereon. THE PROPERTY REPORTS YOU ACCESS USING THIS PLATFORM ARE NOT INTENDED TO BE A SUBSTITUTE FOR TITLE REPORTS OR ‘FOR ANY REPORT OR RECORD THAT CAN ONLY BE OBTAINED FROM YOUR LOCAL COUNTY CLERK OR RECORDER. This Platform does not provide consumer reports and is not a consumer reporting or government agency. You may not use our service or the information it provides to make decisions about consumer credit, employment, insurance, tenant screening, or any other purpose that would require FCRA compliance. You acknowledge by accepting these terms that you understand that this service and the reports you access using this service should not be used as a substitute for professional guidance including but not limited to legal or real estate investment advice or, as a substitute for the services provided by a licensed real estate agent.

Pricing

WE OFFER THREE TIERS OF PRICING, AS FOLLOWS:

  • 1 REPORT: $1.00 ONE-TIME CHARGE.
  • 20 REPORTS PER MONTH FOR 3 MONTHS: $20 BILLED MONTHLY FOR 3 MONTHS (TOTAL FOR 3 MONTHS $60)
  • 20 REPORTS PER MONTH FOR ONE YEAR: $20 BILLED MONTHLY FOR 12 MONTHS (TOTAL FOR 1 YEAR $240)

YOU CAN CHOOSE YOUR REPORT PROFILE. UPGRADED PROFILES ARE BILLED FOR THE SEARCH, WHETHER THE ADDITIONAL DATA IS AVAILABLE OR NOT:

  • BASIC (INCLUDED AT NO ADDITIONAL COST)
  • +$5 (ONE TIME FEE) STANDARD (UP TO 5 ADDITIONAL DATA POINTS WHEN AVAILABLE)
  • +$15 (ONE TIME FEE) COMPREHENSIVE (UP TO 20 ADDITIONAL DATA POINTS WHEN AVAILABLE)

PDF COPY OF YOUR REPORT

  • $7 (ONE TIME FEE) AVAILABLE AS A PDF TO DOWNLOAD

BILLING POLICIES

TO PURCHASE SERVICES THROUGH DmvRecord.com, YOU MUST USE A VALID AND CURRENT PAYMENT METHOD, SUCH AS A CREDIT CARD, DEBIT CARD, OR OTHER ACCEPTED PAYMENT ACCOUNT ("PAYMENT ACCOUNT"). SOME PAYMENT OPTIONS MAY BE PROVIDED BY THIRD-PARTY SERVICES, AND YOUR USE OF THESE OPTIONS WILL BE SUBJECT TO THEIR RESPECTIVE TERMS AND PRIVACY POLICIES. IF YOUR PAYMENT ACCOUNT INFORMATION IS INSUFFICIENT, INACCURATE, OUTDATED, OR INCOMPLETE, WE MAY DECLINE YOUR TRANSACTION AND, WHERE APPLICABLE, SUSPEND OR TERMINATE YOUR SUBSCRIPTION.

ALL FEES WILL BE CHARGED TO THE PAYMENT ACCOUNT YOU PROVIDE. FOR ONE-TIME PURCHASES, SUCH AS SINGLE REPORTS OR ONE-TIME BILLING PACKAGES, FEES WILL BE CHARGED TO YOUR PAYMENT ACCOUNT IMMEDIATELY AT THE TIME OF PURCHASE.

YOU AGREE THAT DmvRecord.com MAY PRE AUTHORIZE YOUR CARD FOR AN AMOUNT UP TO THE FULL TRANSACTION TOTAL AND WILL NOT REQUEST ADDITIONAL AUTHORIZATION FOR EACH CHARGE.

TRANSACTIONS WILL APPEAR ON YOUR CREDIT CARD STATEMENT AS DmvRecord.com OR A SIMILAR IDENTIFIER.

VOLUME DISCOUNT PACKAGE

AUTOMATIC FEES FOR VOLUME DISCOUNT PACKAGES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT ACCOUNT.

WE WILL AUTOMATICALLY BILL YOUR VOLUME DISCOUNT PACKAGE EACH MONTH, BEGINNING ON THE "NEXT BILLING DATE" SPECIFIED IN YOUR ORIGINAL ORDER CONFIRMATION. DURING THE SIGN-UP PROCESS, YOU WILL BE PRESENTED WITH AN OPTION TO AUTHORIZE THESE PAYMENTS, AND CHECKING THE BOX ON THE SIGN-UP PAGE INDICATES YOUR CONSENT TO THIS BILLING PROCESS. ON EACH RENEWAL DATE, YOUR PAYMENT ACCOUNT WILL BE CHARGED THE CURRENT RATE FOR THE VOLUME DISCOUNT PACKAGE YOU SELECTED IN YOUR SERVICE ORDER.

You may close your account and Volume Discount Package at any time. To do so, (1) contact us at 1-888-201-0191, or (2) email us at support@dmvrecord.com, or (3) for Live Chat. Our Customer Service department is available 24/7.

Refund

Refund requests may be made at any time within 90 days of purchase by contacting us at support@dmvrecord.com or by calling 1-888-201-0191available 24/7. Once our support receives your request they will immediately provide a refund to the users original card.

Use Eligibility

By accessing and/or using the Platform, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law in the jurisdiction of your residence. If you are using the Platform on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

Platform Use

Access Rights Grant

Subject to your compliance with these Terms of Service, DmvRecord grants you a non-exclusive, non-sublicensable, revocable (as stated in this Agreement), non-transferable right to access and use the Platform exclusively in order to generate and view Reports, and store the same, for Your own internal use and for no other purpose. No part of the Platform, including any Reports (singular or collectively) you access pursuant to any Package purchased by You may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any purpose without our prior express written consent. All rights not expressly granted in this Agreement are reserved by us. Without limitation, this Agreement grants you no rights to the intellectual property of DmvRecord or any other party, except as expressly stated in this Agreement. Your rights being granted to you in this section is conditioned on your compliance with this Agreement. Your rights under this Section will immediately terminate if you have breached any provision of this Agreement.

In our sole discretion, we may set, impose or enforce limits on Your use, or restrict Your access to some or all of this Platform, change, discontinue, suspend or terminate the availability of some or all of the Platform or any separate feature thereof at any time for any reason with or without notice to you. We will not be liable to you for any damages of any kind as a result of any such termination or suspension.

Your Account

To access some features of the Platform, you shall be required to register for an account (your "Account"). When you register for an Account you will be asked to provide us with information about yourself, such as an email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you are responsible for all actions taken via your Account. You may not share your user Account(s) with others. Should you believe that your account has been used without your permission you agree to notify us immediately by sending an email to support@dmvrecord.com. Unless you have entered into a commercial agreement with us permitting you to use the Platform for transactions on behalf of another person, you may only use the Platform for transactions on your own behalf.

No Reports Investigation

We assume no responsibility to investigate or verify the accuracy of any Reports You generate.

Prohibited Conduct

DmvRecord imposes certain restrictions on your use of the Platform. The following acts are expressly prohibited:

  • Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Platform for any use.
  • Attempting to probe, scan, or test the vulnerability of the Platform, or any associated system or network, or breaching security or authentication measures without proper authorization.
  • Interfering or attempting to interfere with the use of the Platform by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities.
  • Forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Platform (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers).
  • While using the Platform, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising.
  • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the company parties in providing the Platform, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Platform to determine and/or audit advertising revenues and payments, if applicable.

Third-Party Services

The Platform may be linked with the services of third parties ("Third Party Services"), some of whom may have established relationships with DmvRecord and some of whom do not. DmvRecord does not have control over the content and performance of Third-Party Services. DmvRecord has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, DmvRecord does not represent, warrant, or endorse any Third-Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services.

Intellectual Property

DmvRecord, the DmvRecord logo, DmvRecord's website domain(s), and all content and other materials available through the Platform (collectively, the "Company IP") are the trademarks, copyrights, and intellectual property of and owned by DmvRecord or its licensors and suppliers. Neither your use of the Platform nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You shall not at any time, nor shall you assist others to, challenge DmvRecord's right, title, or interest in, or the validity of, the Company IP.

Claims Of Copyright Infringement

Anyone who believes that their work has been reproduced on the Platform through any Reports in a way that constitutes copyright infringement may notify DmvRecord in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it.
  • Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint.
  • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent to: support@dmvrecord.com

Close Account

You may close your account anytime by calling 1-888-201-0191.

Dispute Resolution

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law.

Informal Resolution

We prioritize customer service and request that you seek to resolve any issues by first contacting our customer service using our contact information outlined below.

Arbitration

You and DmvRecord agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court with a judge and/or jury. "Claim(s)" means any dispute between the Parties or their owners or agents (who shall be third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Platform, or DmvRecord. There is no judge or jury in arbitration. If you and DmvRecord cannot resolve a Claim through negotiations, the Claim shall be finally and exclusively resolved by binding arbitration.

This arbitration agreement is reciprocal, and any election to arbitrate by one Party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The Federal Arbitration Act and related federal law governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. The Parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate a dispute or claim, you and DmvRecord agree to arbitrate all Claims on an individual basis using an alternative arbitral forum.

All remedies available to the parties under applicable laws shall remain available in arbitration. Unless you and DmvRecord agree otherwise in writing, the final arbitration hearing shall take place at the JAMS facility located in Las Vegas, Nevada, provided that either Party may elect to have the arbitration proceedings conducted by video conference. The arbitrator's award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

The arbitrator must follow applicable federal and Nevada law, and any award may be challenged if the arbitrator fails to do so. Either Party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator's award. Any such litigation to compel arbitration shall occur in the courts of the State of Nevada, specifically within Clark County.

Remedies in Aid of Arbitration; Equitable Relief. The arbitrator may award the same damages or other relief available in court. This agreement to arbitrate will not preclude you or DmvRecord from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or DmvRecord from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court that has jurisdiction over the subject matter and that is located in Las Vegas, Nevada.

Payment Of Fees

If you initiate arbitration against DmvRecord, you may be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services) shall be paid as determined by the arbitrator. If DmvRecord initiates arbitration against you, DmvRecord shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and DmvRecord will each pay your own attorneys' fees and costs unless an award of attorneys' fees is available under applicable statute.

Class Action Waiver

THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND DmvRecord AGREE IN WRITING 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. 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 CLAIMS.

Governing Law And Venue

Subject to the above provisions regarding the Federal Arbitration Act and the below, this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Nevada and shall be exclusively governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party.

The requirement to submit disputes to Arbitration shall survive termination of this Agreement.

CLAIMS LIMITATION PERIOD

ANY AND ALL CLAIMS MUST BE BROUGHT BY YOU WITHIN ONE-YEAR FROM THE DATE OF ANY BREACH OF THESE TERMS BY US OR OTHERWISE BY THE DATE GIVING RISE TO SUCH CLAIM, AS ALLEGED BY YOU, OR YOU HEREBY WAIVE YOUR RIGHT TO SUBMIT SUCH CLAIM TO ARBITRATION AS SET FORTH ABOVE.

Disclaimers, Limitation Of Liability

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW THIS PLATFORM AND THE SERVICE IS BEING PROVIDED AS-IS AND AS-AVAILABLE AND, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND , ARISING BY OPERATION OF LAW OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND IS PROVIDING THIS PLATFORM AND ALL CONTENT CONTAINED HEREIN INCLUDING ALL REPORTS AS-IS.WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR INTEROPERABILITY OF ANY CONTENT COMPRISING THE SERVICES; (ii) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OF ANY CONTENT COMPRISING ANY REPORTS YOU ACCESS ON THIS PLATFORM; AND (iii) ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT OR GUARANTEE THAT: (1) ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS PERFORMED BY US IN MAKING THE SERVICES OR THAT ANY PROPERTY REPORTS AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES OR ANY INACCURACIES WITH ANY INFORMATION CONTAINED IN ANY PROPERTY REPORTS WILL BE CORRECTED. DmvRecord DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DmvRecord, INCLUDING OUR MEMBERS, MANAGERS, OFFICERS, AGENTS, SUCCESSORS AND/OR ASSIGNS, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES.

YOUR TOTAL DAMAGES, IF ANY, SHALL BE LIMITED TO YOUR RECOVERY OF THE AMOUNTS YOU HAVE PAID TO US FOR ANY PACKAGE SUBSCRIPTION FEES DURING THE TERM OF THIS AGREEMENT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DmvRecord AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Application of Disclaimers

Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. DmvRecord's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Platform or otherwise shall alter any of the disclaimers or limitations stated in this section.

Miscellaneous Terms

Entire Agreement

This Agreement constitutes the entire agreement between DmvRecord and you concerning your use of the Platform.

Partial Invalidity

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

No Waiver

The waiver of a breach of any provision of this Agreement by Us shall not operate or be construed as a waiver by Arachnid of any other or subsequent breach by You.

Assignment

This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of DmvRecord. We may transfer our rights and obligations under this Agreement at any time without notice to you. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

No Employment Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture or combined entity by or between DmvRecord and You or to make either the agent of the other and neither shall have the authority to bind the other. You agree not to hold yourself out as a partner, joint venturer, combined entity or agent of DmvRecord. Each party is and is intended to be engaged in its own and entirely separate business. Each party shall be solely responsible for determining the applicability of, and compliance with, any present and future federal, state and local laws, orders, codes, regulations, and ordinances that may apply to each party and their respective businesses and employees.

Third Party Beneficiaries

Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

Headings

The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

Modifications

We reserve the right, at any time, to amend the provisions of this Agreement. Notice of any such modification(s) will be posted at the top of our Website page displaying this Agreement along with the effective date of such change(s) and/or You will be notified upon the first time You log-in after such modification(s) are effective. You agree to regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. If You do not accept any amendments, You must terminate Your account by notifying us by email of your desire to do so and this Agreement will then terminate, in which case You shall receive a prorated refund of any Package fees for the period representing the balance of the Package term. If we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and if inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Platform and the service after such revised terms are posted, You agree to be bound by any such revised terms. Your access and use of the Platform and the service will always be subject to the most current versions of these Terms of Service and our Privacy Policy in effect at the time of such use.