Terms & Condition
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Agreement
Welcome to vehicleinsighter.com! Please read the following terms and conditions carefully before clicking “GET MY CAR HISTORY” button or any other button that advances you through our checkout flow. By clicking “GET MY CAR HISTORY,” You agree to be bound to these Terms of Use (the “Agreement”), constituting a legally binding agreement by and between vehicleinsighter.com, (hereinafter, “Vehicle Insighter” or “We” or “Our”) and you (in either case, “You” or “Your”) concerning Your use of Vehicle Insighter’s website (the “Website”) and the services available through the Website (the “Services”). We encourage you to print the Agreement or copy it to your computer’s hard drive for your reference. By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and Vehicle Insighter’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES AND YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, including but not limited to Your name, address, email, and phone number.
CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, Vehicle Insighter RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless Vehicle Insighter obtains Your express consent, any revised Privacy Policy will apply only to information collected by Vehicle Insighter after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
BY USING THE WEBSITE OR SERVICES, 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. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Without limitation, You agree that Vehicle Insighter is merely a technology solution that serves as a third-party platform and You use the Website and Services at Your own risk, without limitation and pursuant to Section 8 ASSUMPTION OF RISK; RELEASE. Vehicle Insighter’s role is limited because Vehicle Insighter is not directly involved in creating or storing the underlying information in our reports. Car History does not necessarily prescreen the content and/or information provided to users. Car History does not take or transfer ownership of items or liability attaching thereto. For addition information, please carefully review Section 16: DISCLAIMERS; LIMITATION OF LIABILITY.
LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, Vehicle Insighter grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the express written consent of Vehicle Insighter . All rights not expressly granted herein are reserved by Vehicle Insighter . Without limitation, this Agreement grants You no rights in or to the intellectual property of Vehicle Insighter or any other party, except as expressly set forth herein. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate in the event that You breach, actually or potentially in the sole judgment of Vehicle Insighter , any provision of this Agreement.
The information on the Website is provided for information purposes only. The Website and Services are provided only as a technology solution. Vehicle Insighter does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Website and Services. Under no circumstances will Vehicle Insighter be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY Vehicle Insighter AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “Vehicle Insighter PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
To access and/or use the Website and use the Services, You may be asked to provide certain registration details or other information. You represent and warrant that all user information You provide in connection with Your use of the Website and Services will be current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.If Vehicle Insighter believes in its sole discretion that the information You provide is not current, complete, or accurate, Vehicle Insighter has the right to refuse You access to the Website and Services and/or to terminate or suspend your access at any time. You represent and warrant that You will not create a fake account. You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify Vehicle Insighter immediately of any unauthorized use of Your account, user name, or password. Vehicle Insighter shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Vehicle Insighter, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
Without limitation, by registering for the Website and/or Services and/or by providing your name, email,postal or residential address, and/or phone number through the Website or Services, you hereby expressly consent to receive electronic and other communications from Vehicle Insighter, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications, You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication.
Without limitation, by registering for the Website and/or Services and/or by providing your name, email, postal or residential address, and/or phone number through the Website or Services, you hereby consent to receive, and openly and knowingly solicit, electronic communications, including SMS communications (for informational purposes only) or, email (for all permissible commercial purposes) from Vehicle Insighter partner firms which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies regarding our or their services., You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, but you must contact the third-parties directly to do so.
(a) Reserved Rights for Car History’s Fees
You acknowledge and agree that Car History reserves the right to charge for access to the Website and use of the Services, in accordance with the Car History Fees that are clearly disclosed throughout the Website. Car History’s decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of regularly recurring fees from You, shall not affect Car History’s subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall Car History’s waiver of Your breach constitute Car History’s waiver of any subsequent breach by You or any other user of the Website and/or Services. By using the Website and/or Services, You authorize Car History, and/or its payment processor, to charge Car History’s fees to the credit card, debit card, or other payment method You provide.
(b) Car History Fees: Offer Details
Upon purchasing a report, You agree to be subscribed to our Volume Offer package, which will credit You with 19 Car History vehicle history searches or reports per month for the price of $29.95 every 2 weeks, in addition to an initial $1 deposit. At our disrection, we may bill you up $29.95 every 2 weeks to satisfy any outstanding balance. For any additional reports, please send an email to either contact@vehicleinsighter.com with the desired VIN in the subject line.
Volume Offer Refund Policy:
The refunds are given on request, please contact customer care at contact@vehicleinsighter.com. In addition to our refund policy we also offer a search credit for any unsuccessful search.
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with Vehicle Insighter and some of whom may not. Vehicle Insighter does not have control over the content and performance of Third-Party Websites. Vehicle Insighter has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, Vehicle Insighter does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party websites. Vehicle Insighter disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.
Vehicle Insighter imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Vehicle Insighter or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about Vehicle Insighter users, including email addresses and phone numbers; (g) use or attempt 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 Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt 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 Car History Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER CONTENT THAT YOU SUBMIT TO THE WEBSITE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. COMPANY BEARS THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
(b) Trademarks
Vehicle Insighter and the “Vehicle Insighter logo” (collectively, the “Vehicle Insighter Marks”) are trademarks or registered trademarks of Vehicle Insighter. Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Vehicle Insighter Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Vehicle Insighter Marks generated as a result of Your use of the Website and Services will inure to the benefit of Vehicle Insighter, and You agree to assign, and hereby do assign, all such goodwill to Vehicle Insighter. You shall not at any time, nor shall You assist others to, challenge Vehicle Insighter’s right, title, or interest in or to, or the validity of, the Vehicle Insighter Marks.
(c) Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the Vehicle Insighter logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Vehicle Insighter or are the property of Vehicle Insighter’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title, or interest in or to any such materials.
(d) DMCA Policy
As Vehicle Insighter asks others to respect Vehicle Insighter’s intellectual property rights, Vehicle Insighter respects the intellectual property rights of others. If you believe content located on or linked-to by the Website violates Your copyright, you are encouraged to please immediately notify Vehicle Insighter by means of emailed notice (“Infringement Notice”), providing the information described herein. If Vehicle Insighter takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Vehicle Insighter. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit CVehicle Insighter to find and positively identify that material;
Your name, address, telephone number and email address; and
A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.Infringement Notices should be sent to manager at VehicleReports.us.org with the subject line “DMCA Notice vehicleinsighter.com. “. Vehicle Insighter will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
(a) NO WARRANTIES.
THIS SITE IS PROVIDED BY VEHICLE INSIGHTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. VEHICLE INSIGHTER DOES NOT SPECIFICALLY WARRANT OR GUARANTEE THE ACCURACY OF ITS SEARCH REPORTS. THE INFORMATION CONTAINED IN OUR REPORTS REPRESENTS THE LIEN RECORDS AND DATA OF THE NATIONAL DATABASE PROVIDERS ON OR BEFORE THE DATE AND TIME INDICATED ON THE REPORT. VEHICLE INSIGHTER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIENS OR SECURITY INTERESTS FILED AFTER THE DATE AND TIME INDICATED ON THE REPORT. IN ADDITION, VEHICLE INSIGHTER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE CRIMINAL OR FRAUDULENT ACTS OF THIRD PARTIES. VEHICLE INSIGHTER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE TURN AROUND TIME OF ITS SEARCH REPORTS. VEHICLE INSIGHTER IS NOT RESPONSIBLE FOR ANY DAMAGES, DIRECT, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, THAT YOU MAY SUFFER AS A RESULT OF AN UNUSUAL DELAY IN THE TRANSMISSION OF OUR REPORTS. BY ACCEPTING THIS LICENSE TO USE OUR WEBSITE YOU ALSO AGREE THAT, AS A CONDITION OF ANY PAYMENT TO YOU, YOUR SUCCESSORS OR ASSIGNS, BY VEHICLE INSIGHTER AS PART OF ITS GUARANTEE OF THE ACCURACY OF ITS REPORTS, YOU, YOUR SUCCESSORS AND ASSIGNS WILL SUBROGATE ANY AND ALL RIGHTS THAT YOU MAY HAVE AGAINST ANY PARTY THAT CAUSED THE LIEN OR SECURITY INTEREST TO BE FILED.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEHICLE INSIGHTER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER VEHICLE INSIGHTER NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE LIABILITY OF VEHICLE INSIGHTER FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. VEHICLE INSIGHTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF VEHICLE INSIGHTER, VEHICLE INSIGHTER PARTIES, OR VEHICLE INSIGHTER USERS, OR THEIR AGENTS OR REPRESENTATIVES.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD VEHICLE INSIGHTER OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR
DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF VEHICLE INSIGHTER AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL VEHICLE INSIGHTER OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR 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 OR OF ANY ADVICE OR NOTICE GIVEN TO VEHICLE INSIGHTER OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. 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. ADDITIONALLY, THE MAXIMUM LIABILITY OF VEHICLE INSIGHTER AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. 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 VEHICLE INSIGHTER AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND VEHICLE INSIGHTER OR BETWEEN YOU AND ANY OF VEHICLE INSIGHTER’S LICENSORS AND SUPPLIERS. 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. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. VEHICLE INSIGHTER’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 WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Vehicle Insighter policies, and with any applicable laws or regulations.
Without limiting any indemnification provision of this Agreement, You (the “Indemnitor”) agree to defend, indemnify and hold harmless Vehicle Insighter and the Vehicle Insighter Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Vehicle Insighter, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and Vehicle Insighter, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Website or Services; (iv) Your provision to Vehicle Insighter or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
(a) 1-Year Limitations Period
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE.
(b) Binding Arbitration
If You and Vehicle Insighter cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s). YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, Vehicle Insighter will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11(b)), then the payment of all such fees will be governed by the AAA Rules. In that case, You hereby agree to reimburse Vehicle Insighter for all payments disbursed that are your obligation to reimbursed under the AAA Rules. If you are unable to pay the arbitration fee, Vehicle Insighter will pay it directly upon receiving a written request and a sworn statement that you are unable to pay. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Vehicle Insighter may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
(c) Restrictions Against Joinder of Claims
You and Vehicle Insighter agree that any arbitration shall be limited to each Claim individually. YOU AND VEHICLE INSIGHTER HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR VEHICLE INSIGHTER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
(d) Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude You or Vehicle Insighter 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 Vehicle Insighter from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used herein, “Court of Competent Jurisdiction” means any federal or state court that has jurisdiction over the subject matter.
(a) BY VEHICLE INSIGHTER
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, VEHICLE INSIGHTER RESERVES THE RIGHT TO, IN VEHICLE INSIGHTER’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) AUTOMATIC TERMINATION UPON BREACH BY YOU
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Vehicle Insighter.
(c) BY YOU
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to Vehicle Insighter notice of Your intention to do so, in the manner required by this Agreement.
(d) EFFECT OF TERMINATION
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, Vehicle Insighter may, but has no obligation to, in Vehicle Insighter’s sole discretion, rescind any services and/or delete from Vehicle Insighter’s systems all Your Personal Information and any other files or information that You made available to Vehicle Insighter or that otherwise relate to Your use of the Website or Services. Upon termination, You shall cease any use of the Website and Services. Subsequent to termination, Vehicle Insighter reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
(e) LEGAL ACTION
If Vehicle Insighter, in Vehicle Insighter’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Vehicle Insighter will be entitled to recover from You as part of such legal action, and You agree to pay, Vehicle Insighter’s reasonable costs and attorney’s fees incurred as a result of such legal action. The Vehicle Insighter Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
(f) SURVIVAL
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-9, and 12-23 will survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Vehicle Insighter shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Vehicle Insighter. You agree that any notice received from Vehicle Insighter electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH VEHICLE INSIGHTER IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY VEHICLE INSIGHTER OF AN EMAIL TO THAT ADDRESS.
By using our services, you agree that we may send you important information and notifications via SMS. These messages may include:
- Purchase Notifications: You will receive text messages regarding your purchases, order confirmations, and shipment tracking.
- Rate-Us Links: We may send you links to rate and provide feedback on your experience with our services.
- Transaction Issue-Handling Results Notifications: You will be notified via SMS about the status and resolution of any transaction-related issues or inquiries you may have raised.
Please ensure that your contact information, including your mobile phone number, is accurate to receive these essential updates. Standard messaging rates may apply, depending on your mobile carrier and plan. You can opt-out of non-essential SMS communications at any time by contacting our customer support or following the provided opt-out instructions in the messages.
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.
- The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding a vehicle’s repair history.
- All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; while some states report and update NMVTIS data in “real-time” (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days.
- Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a “total loss” or branded by a state titling agency. Conversely, an insurance carrier may be required to report a “total loss” even if the vehicle’s titling-state has not determined the vehicle to be “salvage” or “junk.”
- A vehicle history report is NOT a substitute for an independent vehicle inspection. Before making a decision to purchase a vehicle, consumers are strongly encouraged to also obtain an independent vehicle inspection to ensure the vehicle does not have hidden damage. The Approved NMVTIS Data Providers (look for the NMVTIS logo) can include vehicle condition data from sources other than NMVTIS.
- NMVTIS data INCLUDES (as available by those entities required to report to the System):
- Information from participating state motor vehicle titling agencies.
- Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and tractors. NMVTIS may not currently include commercial vehicles if those vehicles are not included in a state’s primary database for title records (in some states, those vehicles are managed by a separate state agency), although these records may be added at a later time.
- Information on “brands” applied to vehicles provided by participating state motor vehicle titling agencies. Brand types and definitions vary by state, but may provide useful information about the condition or prior use of the vehicle.
- Most recent odometer reading in the state’s title record.
- Information from insurance companies, and auto recyclers, including junk and salvage yards, that is required by law to be reported to the system, beginning March 31, 2009. This information will include if the vehicle was determined to be a “total loss” by an insurance carrier.
- Information from junk and salvage yards receiving a “cash for clunker” vehicle traded-in under the Consumer Assistance to Recycle and Save Act of 2009 (CARS) Program.
- Consumers are advised to visit Vehicleinsighter.com for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.
Refunds are given on request. See the Contact page for contact information.
GENERAL
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.
This Agreement constitutes the entire agreement between Vehicle Insighter and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Vehicle Insighter or by the unilateral amendment of this Agreement by Vehicle Insighter and by the posting by Vehicle Insighter of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Vehicle Insighter. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Vehicle Insighter are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the Vehicle Insighter Parties and the Indemnified Parties as and to the extent set forth in Sections 8, 14, 16a, 18, 20e, and 23 and in this paragraph, and Vehicle Insighter’s licensors and suppliers as to the extent expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to Vehicle Insighter and Vehicle Insighter’s licensors and suppliers, and would therefore entitle Vehicle Insighter or Vehicle Insighter’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
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