VinChecked® TERMS OF SERVICE
Revised December 6, 2017
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VinChecked STATING THE TERMS THAT GOVERN YOUR USE OF VinChecked PRODUCTS AND SERVICES (COLLECTIVELY THE "SERVICE" OR "SERVICES "). THESE ARE THE “TERMS OF SERVICE” OR THE "AGREEMENT" BETWEEN YOU AND VinChecked. DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS.
- DESCRIPTION OF VinChecked® SERVICE. The VinChecked® Vehicle History Report Service provides real-time Salvage and VIN Checks and Full Vehicle History and Title Reports. VinChecked® Vehicle History Reports include Title and Brand data for automobiles, motorcycles, recreational vehicles (RVs) and pre 1981 classic cars from the National Motor Vehicle Title Information System (NMVTIS). Please submit all questions regarding the Services to us, even if you purchased Services through a reseller or affiliate. You have the option to obtain the full vehicle history record from the current and/or historical states of title.
- AGE REQUIREMENTS FOR USE OF SERVICE. The Services are available for individuals aged 18 years or older. If you are under the age of 18, you must review these terms and conditions with your parent or guardian and by using the Services, you and they agree to this Agreement.
- SOFTWARE AND HARDWARE REQUIREMENTS. Use of the Services requires hardware to access the Internet, Internet access and other applicable software, updates or upgrades, all of which you agree may change from time to time, may affect the performance of the Services and are your sole responsibility.
- USE RESTRICTIONS. The right to use the Services provided to you is non-exclusive, limited to the term, non-transferrable, revocable and is solely for your internal business use. We own and reserve all right, title, and interest in and to the Services. You may not or attempt to: (i) license, sell, lease or otherwise make the Services, or any like services, including any data derived from the Services available to non-subscribers, store or use the data in any format or merge or incorporate data in any database; (ii) use the Services in a way that violates any law, regulation or mandate, or this Agreement; or (iii) take any action that jeopardizes our (or our licensors and suppliers) confidential or proprietary information, or acquire any right in the Services or in anything else we provide to you; or (iv) alter, create derivative works of, edit, modify or revise, reverse engineer or compile, decompile, disassemble or otherwise attempt to reconstruct or discover any of the Services, data, source code or algorithms.
- UPDATES AND MAINTENANCE. We may provide updates, bug fixes and maintenance to the Services which may require us to restrict, limit, suspend, interfere or interrupt the Services from time to time.
- SUSPENSION AND TERMINATION. You or we may terminate this Agreement at any time for any reason. If you cancel your Account but have pre-paid, you will have access until your subscription expires. If we reasonably believe you are in breach of this Agreement, we may suspend or terminate your access to any applicable Account immediately. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Services.
- Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites which may charge separate fees and are not included in any fees that you may pay to us. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
- GENERAL COMPLIANCE WITH LAWS. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
- WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ALL SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY VinChecked) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE MOTOR VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE OR TRANSMITTED TO YOU. VinChecked GIVES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CONDITION, SAFETY, MARKETABLITY, MERCHANTABLITY, QUALITY, OWNERSHIP HISTORY, OR ACCIDENT HISTORY OF ANY MOTOR VEHICHLE AND DOES NOT ENDORSE, CERTIFY, AUTHORIZE, OR AUTHENTICATE ANY MOTOR VEHICLE OR ANY MOTOR VECHICLE OWNERSHIP OR REGISTRATION DOCUMENT PROVIDED TO YOU THROUGH ANY OF SERVICES OR THIRD PARTY SUPPLIERS. MOTOR VEHICLE HISTORY INFORMATION IS COLLECTED BY A NUMBER OF THIRD PARTY SOURCES. SUCH INFORMATION MAY BE UNRELIABLE, INACCURATE, OUTDATED, FALSE OR MISLEADING, AND MAY NOT DETAIL MOTOR VEHICLE HISTORY INFORMATION SUCH AS WHETHER THE VEHICLE WAS JUNKED OR SALVAGED, DISMANTLED, REBUILT OR RECONSTRUCTED, SUBJECTED TO FLOOD DAMAGE, FIRE DAMAGE, BOUGHT BACK BY ITS MANUFACTURER, WHETHER THE ODOMETER EXCEEDS MECHANICAL LIMITS, WHETHER THE ODOMETER WAS NOT ACTUAL MILEAGE, OR OTHER MECHANICAL, STRUCTURAL, OR COSMETIC PROBLEMS WITH THE VECHICLE.
- IN NO EVENT SHALL VinChecked, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR YOUR USE THEREOF EVEN IF VinChecked OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
- INDEMNIFICATION. You shall indemnify, defend and hold harmless VinChecked and its employees, officers, representatives, affiliates, services providers, suppliers, licensors and agents from and against any and all suits, actions, claims, losses, judgments, damages, liabilities, settlements, costs and expenses (including reasonable attorneys' fees) arising from or related to any claim, suit or proceeding as a result of (a) your use of the Services, (b) your breach of this Agreement; or (c) your failure to comply with any law or regulation applicable to your obligations or activities under this Agreement.
CHANGES. We reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Services following will be deemed to constitute your acceptance of all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. We reserve the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an Service, VinChecked will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Terms of Service section of the VinChecked website
www.vinchecked.com/terms.php . Your continued use of the Services thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.
- NOTICES. VinChecked may send you notice with respect to the Services by posting it on our website, sending an email message to the email address listed in your Account contact information or by sending a letter via postal mail to the contact address listed in your Account contact information. Notices are effective immediately.
- Miscellaneous. This Agreement constitutes the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
Refund Policy: If you are not 100% satisfied with your purchased vin report, please contact customer service by phone at 855-354-0777 or email email@example.com for a full refund of $18.95 within 30 days of your purchase.