VIN DATA PRODUCTS TERMS OF SERVICERevised by VDP Legal Team on June 1, 2020
1. YOUR ACCEPTANCE OF TERMS
The following Terms of Service (“TOS”) are between you and VIN Data Products LLC and constitute a legal agreement that governs your use of the product, software, services and website, as more fully described on the website https://www.vindata.com (the "website" or "vindata" and collectively the “product”, “products”, "service" or "services "). You must agree to these TOS before you can use the service. You can agree to these TOS by: (a) actually using the service, or (b) clicking a box that indicates you agree to the service, where such a box is made available to you. If you do not agree to any of the following terms, you may not use the service. You should print or otherwise save a copy of these TOS for your records. “VDP” as used herein means VIN Data Products LLC, located at 571 Glenridge Rd., Key Biscayne, FL 33149.
These Terms of Service constitute the entire agreement between you and VDP and govern your use of the service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS 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. VDP failure to enforce any right or provisions in these TOS will not constitute a waiver of such provision, or any other provision of these Terms of Service. 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. VDP will not be responsible for failures to fulfill any obligations due to causes beyond its control.
To use and/or register for the service you must be: (a) of legal age to form a binding contract with VIN Data Products LLC, (b) having the mental and legal capacity to form a binding contract and (c) cannot be a person barred from receiving the service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.
VDP may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time. If VDP makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if VDP makes a change to the TOS that materially impacts your use of the service, VDP may post notice of any such change on our website and/or email you notice of any such change to your VDP account.
2. DESCRIPTION OF VIN DATA PRODUCTS AND SERVICE
Product and Service – Approved NMVTIS Service Provider
VIN Data Products specializes in access to critical data for commercial users, dealers and consumers involved in the purchase of used vehicles. VIN Data Products vehicle history service provides real-time Junk, Salvage and Insurance Loss records as well as Vehicle Title and History Reports. VIN Data Products Vehicle History Reports include Title and Brand data from the National Motor Vehicle Title Information System (NMVTIS). Through its partnership with NMVTIS, VIN Data Products reports are available for automobiles and light trucks, motorcycles, recreational vehicles (RVs), medium and heavy trucks and pre 1981 classic cars.
Use of the service requires one or more compatible devices, certain software and internet access with a compatible ISP (broadband is generally required for web applications); separate fees may apply. VDP does not sell any hardware or fixtures. High speed internet access is strongly recommended. Because use of the Services involves hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The services are not part of any other product or offering, and no purchase (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the services.
Changing the Service
VDP reserves the right to modify or stop the service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, VDP may post on our website and/or send email to your VDP account, notice of such changes to the service. It is your responsibility to review our website and/or check your email address provided to VDP for any such notices. You agree that VDP shall not be liable to you or any third party for any modification or cessation of the service.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries and VDP makes no representation that the service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
Quality and Delivery
The VDP network is built on the "best effort" principle. Please understand that VDP provides no guarantee that the services will always function without disruption, delay, or other imperfections. Since the services may be transmitted through public cellular and mobile networks, including satellite phone services, and other types of cellular networks, Internet lines and even the public switched telephone network ("PSTN"), there may be power outages or service disruption. You may experience some disruptions which will interfere with the speed, quality, transmission and reception of services which are beyond our management or control.
Technical Improvement and Maintenance
VDP may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. VDP may also have to repair, improve, and/or upgrade the services and this may require us to restrict, limit, suspend, interfere and/or interrupt the services periodically from time to time.
General Practices Regarding Use and Storage
You agree that VDP has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services. VDP retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
Content of The Service and Communications
VDP takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does VDP have any obligation to monitor such third-party content. VDP reserves the right at all times to remove or refuse to distribute any content on the services, such as content which violates the terms of this Agreement. VDP also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of VDP, its users and the public. VDP will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. VDP does not control or have any knowledge of the content of any communication(s) spread by the use of the services. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
3. YOUR USE OF THE SERVICE
When you accept these TOS and complete the VDP sign up process, you become a VDP “Member Account” holder. You are required to select a unique name upon sign up that will be used for your account (your “Member ID”). You are responsible for all activity that takes place on your Member Account. Upon creating your Member ID, you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Member ID. If you suspect or become aware of any unauthorized use of your account please contact VDP Customer Support. You further acknowledge and agree that the service is designed and intended only for the use of the Member opening an account and you should not share your account and/or password details with another individual or entity. By allowing anyone other than the subscriber to access your Member Account (other than your authorized employees or VDP is a violation of these TOS and grounds for immediate termination or suspension of your account without refund. Member Account transfer or assignment is generally not permitted, unless agreed to in writing by VDP.
- VDP may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or other information requested by VDP. When a Member Account is created, the information given for the Member Account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple Member Accounts per identification method only at VDP’s sole discretion. A single Member Account may be used by a single legal entity, such as an automobile dealership, at VDP’s sole discretion and subject to VDP requirements. Additional Member Accounts beyond the first Member Account per unique user may be subject to fees upon Member Account creation. You may not transfer your Member Account to any third party without the prior written consent of VDP; notwithstanding the foregoing, VDP will not unreasonably withhold consent to the transfer of an Member Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by VDP.
- Member Account may be cancelled by you at any time. Upon your election to cancel, your Member Account will be cancelled within twenty-four (24) hours. If you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Services unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the services.
- VDP has the right at any time for any reason or no reason to suspend or terminate your Member Account, terminate this Agreement, and/or refuse any and all current or future use of the Services without notice or liability to you. In the event that VDP suspends or terminates your Member Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Member Account, or for anything else.
- Member Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.
- In the event a Member Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in VDP sole discretion), VDP may suspend or terminate the Member Account associated with such breach and any or all other Member Account held by you or your directors, officers, employees, affiliates, agents, contractors, or licensors, and your breach shall be deemed to apply to all such Accounts.
- ELECTRONIC SIGNATURES AND CONTRACTS. Your use of the services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS VIA THE VDP WEBSITE CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- PAID SERVICES/AGREEMENT TO PAY.
- Right to Change Prices and Availability of Products. Prices and availability of any services are subject to change at any time.
- VDP services require payment of a fee. You must have a Member Account and pay the report, subscription or other fees to use any of VDP services. VDP always provides a non-subscription product option with no monthly recurring charges for consumers. For information about available products, available subscription and other fees for a particular service, visit https://www.vindata.com.
- Changes to Paid Services. VDP reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an VDP Service, VDP 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 VDP website https://www.vindata.com/terms-of-service. You are responsible for reviewing the VDP Terms of Service to obtain timely notice of such changes. Your continued use of the VDP 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 VDP 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. If your use of VDP services is subject to use or sales tax, then VDP may also charge you for any such taxes, in addition to the subscription or other fees.
- Payment Options. You may pay fees using the methods available for the particular VDP service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by VDP service. Payments made by credit or debit card will appear as a transaction from VIN Data Products on account statements. All credit and debit card transactions will appear as a 'pending' charge until the transaction is closed. It is your responsibility to maintain adequate funding for any payment method and charge until the transaction is closed, typically 3-5 business days from your order date. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription in writing. You agree that VDP is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription in writing. Customers who use other payment methods may incur an additional payment processing fee and may not be able to automatically renew subscriptions. For further information, visit https://www.vindata.com. When you provide credit card or other payment information to VDP, you represent to VDP that you are the authorized user of the credit card or other payment method. You agree to promptly notify VDP of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify VDP if your credit card expires or is canceled for any reason.
- Responsibility for Account. AS THE MEMBER ACCOUNT HOLDER, YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED, INCLUDING APPLICABLE TAXES, AND ALL PURCHASES MADE BY YOU OR ANYONE THAT USES YOUR ACCOUNT, INCLUDING YOUR FAMILY, FRIENDS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, OR ANY OTHER THIRD PARTY. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR ALL USAGE AND PURCHASES ON YOUR ACCOUNT, EVEN THOSE MADE UNLAWFULLY OR FRAUDULENTLY OR WITHOUT YOUR AUTHORIZATION. IN THE EVENT THAT YOUR CELLULAR, MOBILE, OR SATELLITE PHONE IS LOST OR STOLEN, YOU MUST IMMEDIATELY NOTIFY VDP.
- Credit Card Billing. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize VDP to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize VDP and/or any other company who bills products or services, or acts as billing agent for VDP from time to time to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide VDP with updated credit card information upon VDP’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither VDP nor any VDP affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at VDP option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00. If the state law where you receive the Services requires a different fee, we will charge you that amount.
- Late Payment & Failure to Pay. VDP may suspend or terminate services if your payment is past due. If VDP suspends your service for non-payment, you must pay all past due amounts in order to have Service restored, and you may also, at VDP’s sole discretion, be required to pay a Service restoral fee. In the event you fail to pay VDP or VDP is unable to bill charges to your credit card, VDP may assign unpaid late balances to a collection agency. In the event legal action is required to recover unpaid amounts, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses.
- Trial Subscriptions. For some VDP services, VDP may offer a free trial subscription. If you accept a free trial subscription, VDP will begin to bill your Member Account for that VDP service when the free trial subscription expires, unless you cancel your subscription in writing before that time. You are always responsible for any Internet service provider, telephone, wireless, satellite and other connection fees that you may incur when using VDP services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
- Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to VDP. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Sign Up Obligations
You agree that all information you provide to VDP during the sign up process (“Sign Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your account.
No Conveyance, No Resale
Nothing in these TOS shall be construed to convey to you any interest, title, or license in a Member ID, email address, domain name, intellectual property of VDP or similar resource used by you in connection with the service. Unless expressly authorized in writing by VDP, you agree not to reproduce, duplicate, copy, sell, trade, resell, redistribute, or exploit for any commercial purposes any: (a) portion of the services; (b) use of the services, including VDPs response methods; or (c) access to the services, including, but not limited to Member Account information. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the service (or any part thereof) for any purpose.
No Right of Survivorship
You agree that any rights to your Member ID or content within your account terminate upon your death, or the dissolution, sale or bankruptcy of the Member Account if an entity. Upon receipt of a copy of a death certificate your account may be terminated and all content within your account deleted after thirty days of such notice to you. Contact VDP Customer Support for further assistance.
Use of Location-based Services
Limitations on Use
You agree to use the service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your VDP account is allocated certain numbers of report credits or use limits as described in the VDP product pages. To view your current usage and/or report credit allocations, log in to your Member Account. VDP reserves the right to modify these limitations on use at any time. Report Credits will be stored for paying customers at any level of service for as long as their account remains current. If you terminate your paid account, your report credits will be automatically deleted upon Member Account termination.
4. CONTENT AND CONDUCT; YOUR USE OF THE SERVICE
By using VDP Services, you accept and acknowledge that you will abide by the following:
“Content” means any information that may be generated or encountered through use of the service, such as data files, written text, software, graphics, photographs, images, sounds, videos, and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the service is the sole responsibility of the person from whom such content originated. This means that you, and not VDP, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the service. VDP does not control the Content posted via the service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the service and any Content is solely at your own risk.
Removal of Content
You acknowledge that VINData is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, VINData reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
Backup of Your Content
As part of the Service, your Content will be stored by VDP for so long as your account is not terminated. The VDP website utilizes third party storage with several redundant backups. Although the possibility of data loss or corruption due to storage redundancy is very small, VDP cannot guarantee or warrant that any content you may store or access through the service will not be subject to inadvertent damage, corruption or loss due to the acts of third parties beyond the control of VDP. Such force majeure acts include, but are not limited to, acts of terrorism, nuclear war and acts of God.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact VDP directly.
You agree that you will NOT use the Service to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another VDP subscriber, a VDP employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (VDP reserves the right to reject or block any Member ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the service (including accessing the service through any automated means, like scripts or web crawlers), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the service to be used in connection with any of the foregoing prohibited activities.
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that VDP owns all right, title and interest in and to the services, including all intellectual property rights (the "VDP Rights"). VDP Rights are protected by U.S. and international intellectual property laws, including moral rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, reverse-engineer or create derivative works from the services or any part of the VDP Website. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the service.
Unless you have agreed otherwise in writing with VDP, nothing in the TOS gives you a right to use any of VDP’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by VDP, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of VDP in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
As described immediately below, VDP rights do not include third-party content used as part of the services, including the content of communications appearing on the services. VDP claims no ownership or control over any content submitted, posted or displayed by you on or through VDP services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through VDP services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through VDP services which are intended to be available to the members of the public, you grant VDP a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on VDP services for the purpose of displaying and distributing VDP Services. VDP furthermore reserves the right to refuse to accept, post, display, or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
Termination by VDP
Termination of the Services
VDP reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and VDP will not be liable to you or to any third party should it exercise such rights.
7. GENERAL COMPLIANCE WITH LAWS
The Services are controlled and operated by VDP from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
8. ENFORCEMENT OF THESE TERMS
VDP reserves the right to takes steps VDP believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VDP right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party rights). You agree that VDP has the right, without liability to you, to disclose any Member Account registration data and/or Member Account information to law enforcement authorities, government officials, and/or a third party, as VDP believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VDP right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the services is unlawful and/or infringes such third party rights).
9. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES
Certain content, products, and data available via the services may include materials from third parties. In addition, VDP may provide links to certain third-party Web sites. You acknowledge and agree that VDP is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. VDP DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES, OR COLLECTED DATA OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO ANY INFORMATION RELATING OR PERTAINING TO THE CONDITION, SAFETY, MARKETABILITY, MERCHANTABILITY, QUALITY, OWNERSHIP HISTORY, AND ACCIDENT HISTORY OF ANY PASSENGER MOTOR VEHICLE LOCATED IN ANY TERRITORY THROUGHOUT THE WORLD OR ANY DATA OR INFORMATION, CONTAINED IN OR OMITTED, FROM A PASSENGER MOTOR VEHICLE OWNERSHIP OR REGISTRATION DOCUMENT ISSUED BY ANY OF THE 50 STATES OF THE U.S. (OR DISTRICT OF COLUMBIA) OR PASSENGER VEHICLE REGISTRATION DOCUMENT ISSUED BY ANY PROVINCE OF CANADA. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that VDP is not in any way responsible for any such use by you.
10. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
VDP DOES 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 VDP 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 VDP) 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. VDP 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 VDP 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 VDP, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, 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 (i) THE USE OR INABILITY TO USE THE VDP WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE VDP WEBSITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE VDP WEBSITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE VDP WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF VDP 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. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VDP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
VDP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND VDP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
VDP DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VDP DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN MOBILE OR CELLULAR DEVICE OR ALTERNATE STORAGE DEVICE, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THIRD PARTIES NECESSARY FOR ACCESSING THE VDP WEBSITE.
11. WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD VDP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY VDP AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM VDP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF VDP CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
VDP reserves 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 VDP services following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
VDP may send you notice with respect to the services by sending an email message to the email address listed in your VDP account contact information, by sending a letter via postal mail to the contact address listed in your VDP Account contact information. Notices shall become effective immediately.
14. GOVERNING LAW
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees. In the event of any controversy or dispute between VDP and you arising out of or in connection with your use of the VDP Website or any of the VDP services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
15. FEEDBACK AND INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential. VDP shall be free to use such information on an unrestricted basis.
Special Notice to Florida Residents Pursuant to Fla. Stat. §668.50, please note that (a) VDP is located in Key Biscayne, FL, (b) the fees and charges for VDP Services vary depending on the services selected by you, and (c) if you have a complaint regarding VDP Services or desire further information on use of VDP Services, visit the VDP customer support web pages at https://www.vindata.com. For complaints, you may also contact the Florida Department of Agriculture and Consumer Services online at www.800helpfla.com or by phone at 1-800-HELP-FLA. Additionally, you may file a complaint with the Attorney General’s Office online at www.myfloridalegal.com or by phone at 1-866-9-NO-SCAM. You may also wish to file a complaint with the Federal Trade Commission online using their complaint assistant portal at www.ftc.gov/complaint as well as with the Better Business Bureau at www.bbb.org.
16. CERTIFIED PRE-OWNED DISCLAIMER
A VIN Data Products Certified Pre-Owned vehicle classification includes a Vehicle History Report, Pre-Purchase Inspection, and a 3 month/3,000 mile Limited Warranty. Although these features add significant value in the purchase of a pre-owned vehicle, there is NO GUARANTY that the car is free from defects or that the Vehicle History Report and/or Pre-Purchase Inspection identified all existing defects. By purchasing any service or warranty from VIN Data Products Certified Pre-Owned, you agree that your rights against VIN Data Products Certified Pre-Owned and/or any of its affiliates are limited solely to the remedies specifically provided in the Limited Warranty and that you release VIN Data Products Certified Pre-Owned, its affiliates, and third party vendors from any and all liability or damages whatsoever that you may incur related to any services provided by VIN Data Products Certified Pre-Owned, its affiliates, or third party vendors and you agree that you will not assert any claims against VIN Data Products Certified Pre-Owned, its affiliates, or third party vendors for any such liability or damages.
The information contained in this Website is subject to change without notice. Copyright © 2020 VIN Data Products LLC. All rights reserved.
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Key Biscayne, FL 33149
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