Last Updated June 8, 2018
Thank you for visiting VehicleHistory.com (the “Website”). We provide this Privacy
explain how VehicleHistory.com collects, uses and shares information from you when
the Website and to help you make an informed decision as to whether to use or
1. Who controls my personal information?
Any personal information provided to or gathered by VehicleHistory.com is controlled
3755 Breakthrough Way
Las Vegas, Nevada 89135
2. What information does VehicleHistory.com collect from
The amount and type of information we gather depends upon your use of the Website
some cases, what type of information you choose to disclose. We may collect the
information from you:
We collect information from you when you submit your personal information to us over
Website, such as by providing a review of the Website. Such personal information may
your name, email addresses, phone number, and other information which you
provide to us.
Information You Make Public
The Website may contain features that allow you to upload, post, transmit, display,
distribute content, including personal information about yourself. For example, you
to include personal information within your public-facing review, which is available
accessible to all visitors of the website. Any information that you choose to
of such features becomes public information over which VehicleHistory.com is unable
exercise control. You should take caution when deciding to disclose personal
means of such features.
Device/Internet Connection Information
When you use the Website, we automatically gather information made available by your
browser (such as Microsoft Edge or Google Chrome), Internet service provider (such
Comcast or Time Warner), and device (such as your computer, phone, or tablet),
your settings for each. For example, we may collect your IP address, information
operating system or type of device you use, the date and time you access the
in attempts, and the location of your device.
Information Provided by Third Parties
VehicleHistory.com may receive information about you and your Internet activities if
provided it to a Third Party and we subsequently acquire the information from the
Such information may include, but is not limited to, your personal and online
Internet browsing habits. These Third Parties may have collected such information by
Cookies on your device, using web beacons, gathering IP addresses and log data, and
The purpose of this practice, which is sometimes called "retargeting," is to deliver
advertising that is specific to your interests. For example, if you look at a
service on the Website, you may later see that same product advertised to you on
You can better learn about such Third-Party data collection and advertising
how to opt-out of retargeting, at the following websites:
From time to time, we may obtain other information from you, such as when you make a
for a prize pursuant to a contest or other promotion run on the Website, or when you
assistance through from our customer service department. You will always be asked to
such other information voluntarily, and we will not collect it without your
“Cookies” are files that are placed on your device by websites you visit. The
Cookie is to identify you as a unique user of the Website. A web beacon is
that can be used to, among other things, transfer an individual’s unique user
in the form of a Cookie) to a database and associate the individual with previously
information about an individual in a database. This allows us to track certain
online. Web beacons are used to determine products or services you may be interested
to track online behavioral habits for marketing purposes.
We currently use Cookie and web beacon technology to associate certain
information about you with information we already have in our database, for the
to gather information that helps us understand how you and other users engage
Website and our Third-Party partners and figure out how to do it better. The
analytics vendors we work with include Google Analytics and Mouseflow.
To Provide Support to You.
To Provide Vehicle Information to You. We also use
by Third Parties, to provide vehicle information to you. For example, we may use
session ID cookie, which is only kept for the duration of your visit to the
track of the vehicle information (including VIN numbers) that you have entered
you do not have to re-enter it.
those placed by
Third Parties, to deliver advertising that may be of interest to you. For
Google Tag Manager, Google AdWords, Jumpstart Automotive Media, and other Third
Party Cookies may also be used in our advertising endeavors. Cookies and web
beacons also help us and our Third-Party advertising partners ensure you do not
same advertisements over and over and to identify block unwanted ads.
You may opt out of Third Party Cookies by visiting the Network Advertising
page at http://www.networkadvertising.org/managing/opt_out.asp.
You can also learn more
about how to delete or control Cookies at http://www.aboutcookies.org/.
4. How does VehicleHistory.com use my information?
We use the information we’ve gathered from you, including through Cookies and web
for the following purposes:
To Communicate with You
We use information gathered on the Website to personalize communication with you,
respond to your requests for support.
To Improve the Website
VehicleHistory.com uses the information we collect from you and other users to
Parties, to gather statistical information that helps us understand how you and
engage with the Website and improve its performance.
We use information gathered from Cookies to keep track of your vehicle search
such as your preference on what ZIP code to use for vehicle pricing information, so
not have to re-enter it within a single session.
To Advertise to You
As explained above, we use information gathered through Cookies and web beacons,
those placed by Third Parties, to deliver ads to you once you’ve left the Website.
5. How does VehicleHistory.com share my
To Fulfill Your Information Requests
We may transfer your information to Third Parties when necessary to provide a
service that you request from us, such as information about a specific vehicle.
To Advertise to Others
We may share your reviews and comments about VehicleHistory.com to advertise and
our products and services. If you want us to stop using the personal data you have
these ways, please contact us at support@VehicleHistory.com.
To Our Affiliated Companies
We may disclose, transfer, and sell your information to our affiliated entities—that
that have common ownership with us—at our discretion, in which event, your
VehicleHistory.com be subject to an acquisition, merger, sale or other change of
business entity status, we reserve the right to transfer or assign your information
acquisition, merger or sale.
To Our Third-Party Partners
We may disclose your personal information as needed to our Third-Party service
To Comply with Legal Process and Prevent Harm
Although highly unlikely, given the limited information we collect, we may disclose
information to respond to subpoenas, court orders, and other legal processes.
6. How and where does VehicleHistory.com secure my
VehicleHistory.com, and the Third Party vendors we use to store your information,
security measures (such as SSL encryption and HTTPS protocol) to protect against the
misuse, and alteration of the information under our control.
VehicleHistory.com stores personal information in the United States.
provided ONLY to users residing in the United States. If you are visiting
a location outside of the United States, your connection will be through and to
the United States, and all information you provide will be processed and securely
our web servers and internal systems located within the United States. By using
VehicleHistory.com you authorize and specifically consent to the transfer of
to the United States and its storage and use as specified above when you provide
information to us.
7. How can I access or correct my information?
You may access all information we’ve collected about you for purposes of correcting,
or deleting such information. Access can be obtained by contacting
To protect your privacy and security, we may take reasonable
steps to help verify your identity before granting access or making corrections.
Under California’s “Shine the Light” law, California residents who provide personal
the Website may request certain information regarding our disclosure of personal
third parties for their direct marketing purposes. To make such a request, please
contact us at
8. How does VehicleHistory.com protect the privacy of
VehicleHistory.com will never knowingly collect any personal information about
the age of 13. If we obtain actual knowledge that we have collected personal
a child under the age of 13, that information will be immediately deleted from our
Because we do not collect such information, we have no such information to use or to
to Third Parties. We have designed this policy in order to comply with the
Privacy Protection Act (COPPA).
9. Does VehicleHistory.com respond to Do Not Track (DNT)
DNT is a feature offered by some browsers which, when enabled, sends a signal to
request that your browsing is not tracked. VehicleHistory.com does not currently
10. What about Third Party practices?
Third Party Cookies and Web Beacons
Advertising agencies, advertising networks, and other companies (together, Third
place advertisements on the Internet generally may use their own cookies, web
other technology to collect information about individuals. Except as expressly
we do not control Third Parties’ use of such technology and we have no
use of such technology to gather information about individuals. It is up to you to
yourself with the privacy practices of such Third Parties.
Third Party Links
The Website and email messages may contain hypertext links to the Website of Third
We are not responsible for the privacy practices or the content of such other
websites may contain links to websites maintained by Third Parties. Such links are
your convenience and reference only. We do not operate or control in any respect any
information, software, products or services available on such Third-Party websites.
inclusion of a link to a website does not imply any endorsement of the services or
contents, or its sponsoring organization.
Although most changes are likely to be minor, we reserve the right to modify this
by posting such modification on this page; however, if changes are significant, we
more prominent notice or email you. Unless we receive your express consent, any
Welcome to VehicleHistory.com, which is owned and operated by VehicleHistory.com!
VehicleHistory.com recommends that you read the following terms and conditions
- 1.1.Effective Date. The effective date of this
Agreement is February 24, 2017.
By accessing or using the VehicleHistory.com website, the VehicleHistory.com
Service, including any software, plug-ins or mobile applications made available
VehicleHistory.com (together, the "Website" or "Service"), however accessed or
you agree to be bound by these terms (the "Terms of Service" or the
encourage you to print the Agreement or save it to your computer for reference.
By using the Service, you represent and warrant that you have read and
understood, and agree to be bound by, this Agreement and VehicleHistory.com's
- 1.4.No Permission Without Agreement. If you do not
not access or use the Service, and you must immediately cease accessing or
- 1.5.Arbitration and Remedies.
These terms contain a mandatory arbitration of disputes provision that
requires the use of arbitration on an individual basis to resolve disputes,
rather than jury trials or
class actions, and also limits the remedies available to you in the event of
dispute. See Section 21
(Dispute Resolution) for full details.
By using the Service, you consent to the collection and use of certain information
you, as specified in the Privacy
users of the Service to frequently check the
Internet technology and the applicable laws, rules, and regulations change
VehicleHistory.com reserves the right to change
posting a new version, or sending
you a change notice). It is your responsibility to review this Agreement and the
Policy periodically. If at any time
cease accessing Service.
apply only to information collected by VehicleHistory.com after
- 4.1.By accessing and/or using the Service, including by doing so
accessing this Agreement, you represent
and warrant that you are at least 18 years old, and are otherwise legally
to enter into and form
contracts under applicable law.
- 4.2.Corporate Use. If you are using the Service on behalf of a
you further represent and warrant that
you are authorized to act and enter into contracts on behalf of that company.
5. Technology Platform
Without limitation, you agree that VehicleHistory.com is merely a technology
and that you use the Service at your own risk
and pursuant to Section 10 (Assumption of Risk; Release) and Section 8 (Vehicle
Information and Pricing Disclaimers).
Subject to your compliance with these Terms of Service, VehicleHistory.com grants you
non-exclusive, non-sublicensable, revocable
as stated in this Agreement, non-transferable license to access the Website, and to
the Service. No part of the
Service, including the Website, may be reproduced, duplicated, copied, modified,
resold, distributed, transmitted,
or otherwise exploited for any commercial purpose without the prior express written
consent of VehicleHistory.com. All rights not
expressly granted in this Agreement are reserved by VehicleHistory.com. Without
limitation, this Agreement grants you no rights to the
intellectual property of VehicleHistory.com or any other party, except as expressly
stated in this Agreement. The license granted in this
section is conditioned on your compliance with this Agreement. Your rights under
section will immediately
terminate if, in the sole judgment of VehicleHistory.com, you have breached any
provision of this Agreement.
7. Software Updates
VehicleHistory.com reserves the right, in its sole discretion, to update, modify, or
remove the features, functionality, or other aspects of
its Website and Service at any time.
8. Vehicle Information and Pricing Disclaimers
VehicleHistory.com provides the Website for informational purposes only. All
vehicle information, reports, prices, sales
incentives, rebate information displayed on the Website are gathered from
and based on algorithms
that are believed by VehicleHistory.com to be reliable (other than
content, as to which VehicleHistory.com makes no such
representation), but VehicleHistory.com does not and cannot verify this
as to each and every vehicle and no
assurance can be given that this information is accurate, complete or current.
VehicleHistory.com is not responsible for any
loss or damage resulting from your reliance on any such information or other
content. Purchasing a vehicle is a
big decision, and it is up to you to confirm any information you receive
particular vehicle before
you purchase it.
9. No Reliance on Third Party Content
Opinions, advice, statements, or other information made available through the Service
third parties are those of
their respective authors, and should not necessarily be relied upon. Those authors
solely responsible for their
content. VehicleHistory.com does not: (i) guarantee the accuracy, completeness, or
usefulness of any third-party information accessible
on or through the Service; or (ii) adopt, endorse, or accept responsibility for the
accuracy or reliability of any opinion,
advice, or statement made by a third party through the Service. Under no
will VehicleHistory.com be responsible for any
loss or damage resulting from your reliance on information or other content posted
through the Service transmitted to
or by any third party.
10. Assumption of Risk; Release
You knowingly and freely assume all risk when using the Service. You, on behalf of
yourself, your personal
representatives, and your heirs, voluntarily agree to release, waive, discharge,
harmless, defend, and indemnify
VehicleHistory.com and its stockholders, officers, directors, employees, agents,
affiliates, consultants, representatives, sublicensees,
successors, and assigns (collectively, the "Company Parties") from any and all
actions, or losses for bodily injury,
property damage, wrongful death, emotional distress, loss of privacy, or other
or harm, whether to you or to
third parties, that may result from your use of the Service.
Currently, VehicleHistory.com does not charge any fee for use of the Website or any
Service. VehicleHistory.com reserves the right to add fees or paid
Services in the future, at which time this section of the Agreement will be updated
you will be notified before any
charges are incurred.
12. Third Party Websites
The Service is linked with the websites of third parties ("Third Party
Websites"), some of whom may have established
relationships with VehicleHistory.com and some of whom may not. VehicleHistory.com
not have control over the content and performance of
Third Party Websites. VehicleHistory.com has not reviewed, and cannot review or
all of the material, including computer
software or other goods or services, made available on Third Party Websites.
Accordingly, VehicleHistory.com does not represent,
warrant, or endorse any Third Party Websites, or the accuracy, currency, content,
fitness, lawfulness, or quality of the
information, material, goods, or services available through Third Party Websites.
VehicleHistory.com disclaims, and you agree to
assume, all responsibility and liability for any damages or other harm, whether to
or to third parties, resulting from
your use of Third Party Websites.
13. User Content
- 13.1.User Content Defined.
"User Content" is any content, material, or information, not including
identifiable information (e.g., first and last name, address, phone number,
address, etc.), that you submit,
upload, and/or post to, or transmit, display, perform, or distribute through the
Service, whether in connection
with your use of the Service or otherwise. This includes, without limitation,
personal photos and videos.
- 13.2.You Own Your User Content.
VehicleHistory.com does not claim ownership of any User Content. You retain all
right, title, and
interest, including without limitation all worldwide intellectual property
in and to your User Content.
- 13.3.License of User Content. By submitting, uploading, or
posting User Content in any form with, through, or
to the Service, you grant the Company Parties a royalty-free, perpetual,
non-exclusive, unrestricted, fully
paid-up, worldwide, sublicensable, revocable (as set forth in Section 6
(License) of this Agreement),
assignable license to copy or otherwise reproduce, modify, adapt, translate,
transmit, publicly display or perform, reformat, and/or otherwise use User
Content in connection with
the operation of the Service, or any other similar or related business, in
medium now existing or later
devised, including without limitation in advertising and publicity. You
agree that the Company
Parties may publish or otherwise disclose your personal information in
connection with their exercise of
the license granted under this section. You agree to waive, and waive, any
claims arising from or relating
to the exercise by the Company Parties of the rights granted under this
limitation any claims relating to your rights of personal privacy and
You will not be
compensated for any exercise of the license granted under this
- 13.4.Your Representations About User Content.
You represent and warrant that you: (a) own all rights, title, and
interest in and to all User Content you submit, or are otherwise authorized to
the rights provided the
Company Parties under this section; or (b) have written consent, release, and/or
permission of every identifiable
individual person in any User Content you submit to use the name and likeness of
every identifiable person in the
User Content. You agree that you will not submit any User Content that does not
fully comply with VehicleHistory.com's
prohibitions against Objectionable Content, as detailed in Section 15
- 13.5.Company's Right to Reject User Content.
VehicleHistory.com reserves the right, in its sole discretion, to reject any
Content for any reason. The categories specified in Section 15 (Objectionable
Content) and Section 16 (Prohibited
Uses) are not exhaustive lists of content that VehicleHistory.com reserves the
to remove or deny.
14. Your Responsibility for Defamatory Comments
- 14.1.You agree and understand that you may be held legally
for damages suffered by other users or third
parties as the result of your remarks, information, feedback, or other content
posted or made available through
the Service that is deemed defamatory or otherwise legally actionable. Under
230 of the Federal
Communications Decency Act of 1996, VehicleHistory.com is not legally
nor can it be held liable for damages of any
kind, arising out of or in connection to any defamatory or otherwise legally
actionable remarks, information,
feedback, or other content posted or made available through the Service.
- 14.2. If you raise or file any claim against VehicleHistory.com for
conduct that a Court of Competent Jurisdiction later finds to
constitute an "exercise of a publisher's traditional editorial functions," or
legal equivalent, you agree to fully
and immediately compensate VehicleHistory.com for all losses, liability,
costs, and expenses, including without
limitation all attorneys' fees and expenses in defending the action and
the matter. If you fail to
compensate VehicleHistory.com for any such claim, you agree and authorize
VehicleHistory.com to report your Personal Information, including
without limitation your unpaid claim, to consumer credit reporting services,
collection agencies, and others.
15. Objectionable Content
You agree that you shall not use the Service to upload, post, transmit, display,
or distribute any content,
information, or materials that: (a) are libelous, defamatory, abusive, threatening,
excessively violent, harassing,
obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child
(c) solicit personal information from
or exploit in a sexual or violent manner anyone under the age of 18; (d) incite,
encourage, or threaten physical harm
against another; (e) promote or glorify racial intolerance, use hateful and/or
terms, or signify hate toward any
person or group of people; (f) glamorize the use of illegal substances and/or drugs;
advertise or otherwise solicit
funds or constitute a solicitation for goods or services; (h) violate any provision
this Agreement or any other VehicleHistory.com agreement or policy, including
proprietary information; (j) are false or fraudulent; (k) contains images or videos
individuals captured or posted
without their consent; (l) promote self-destructive behavior (including without
limitation eating disorders or suicide); or
(m) are generally offensive, rude, mean-spirited, or in bad taste, as determined by
VehicleHistory.com in its sole discretion (collectively,
"Objectionable Content"). VehicleHistory.com disclaims any perceived, implied, or
duty to monitor content made available
through the Service, and specifically disclaims any responsibility or liability for
information provided on the Service.
Without limiting any of its other remedies, VehicleHistory.com reserves the right to
terminate your use of the Service or your
uploading, posting, transmission, display, performance, or distribution of
Content. VehicleHistory.com, in its sole
discretion, may delete any Objectionable Content from its servers.
intends to cooperate fully with any law
enforcement officials or agencies in the investigation of any violation of this
Agreement or of any applicable laws.
16. Prohibited Uses
VehicleHistory.com imposes certain restrictions on your use of the Service. Any
of this section may subject you to civil and/or
criminal liability. The following are expressly prohibited:
- 16.1.Modifying or changing the placement and location
any advertisement posted through the Service
- 16.2.Harvesting or otherwise collecting information
users, including email addresses and phone numbers
- 16.3.Without express written permission from
VehicleHistory.com, using or attempt to use any engine, software, tool, agent,
other device or mechanism (including without limitation browsers, spiders,
avatars, or intelligent
agents) to harvest or otherwise collect information from the Service for any
including without limitation
use on Third Party Websites
- 16.4.Accessing content or data not intended for you,
logging into a server or account that you are not authorized
- 16.5.Attempting to probe, scan, or test the
of the Service, or any associated system or network, or
breaching security or authentication measures without proper authorization
- 16.6.Interfering or attempt to interfere with the use
the Service by any other user, host, or network, including
(without limitation) by submitting malware or exploiting software
- 16.7.Using the Service to send unsolicited email,
including without limitation promotions or advertisements for
products or services
- 16.8.Forging, modifying, or falsifying any network
or protocol header or metadata in any connection with, or
transmission to, the Service (for example, SMTP email headers, HTTP headers, or
Internet Protocol packet
- 16.9.While using the Service, using ad-blocking or
content-blocking software, browser extensions, or built-in
browser options designed to hide, block, or prevent the proper display of online
- 16.10.Attempting to modify, reverse-engineer,
disassemble, or otherwise reduce or attempt to reduce to a
human-perceivable form any of the source code used by the Company Parties in
providing the Service,
including without limitation any fraudulent effort to modify software or any
technological mechanism for
measuring the number of impressions generated by individual content and/or the
overall Service to determine
and/or audit advertising revenues and payments, if applicable
- 16.11.Paying anyone for interactions on the Service
17. Intellectual Property
- 17.1.Compliance with Law
- 17.1.1.You represent and warrant that, when
the Service, you will obey all applicable laws and respect
the intellectual property rights of others. Your use of the Service is
all times governed by and subject
to copyright and other intellectual property laws. You agree not to
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
VehicleHistory.com and the VehicleHistory.com logo (collectively, the "Company
Marks") are trademarks or registered
trademarks of VehicleHistory.com. Other trademarks, service marks, graphics,
and domain names appearing anywhere
on, through, or in connection with the Service may be the trademarks of third
parties. Neither your use of the
Service nor this Agreement grant you any right, title, or interest in, or any
license to reproduce or otherwise
use, the Company Marks or any third-party trademarks, service marks, graphics,
logos, or domain names. You
agree that any goodwill in the Company Marks generated as a result of your use
the Service will inure to the
benefit of VehicleHistory.com, and you agree to assign, and do assign, all such
goodwill to VehicleHistory.com. You shall not at any time, nor
shall you assist others to, challenge VehicleHistory.com's right, title, or
in, or the validity of, the Company Marks.
- 17.3.Copyrighted Materials; Copyright Notice.
All content and other materials available through the Service,
including without limitation the VehicleHistory.com logo, design, text,
and other files, and their selection, arrangement,
and organization, are either owned by VehicleHistory.com or are the property of
VehicleHistory.com's licensors and suppliers. Except as explicitly
provided, neither your use of the Service nor this Agreement grant you any
title, or interest in any such
- 17.4.DMCA Policy
- 17.4.1.As VehicleHistory.com asks others to
respect VehicleHistory.com's intellectual property rights,
VehicleHistory.com respects the intellectual property
rights of others. VehicleHistory.com follows the notice and takedown
procedures in the Digital Millennium Copyright
- 17.4.2.If you believe content located on or
to by the Service violates your copyright, please immediately
notify VehicleHistory.com by emailed DMCA takedown notice ("Infringement
Notice"), providing the information
described below. If VehicleHistory.com takes action in response to an
Infringement Notice, it will make a good faith
attempt to contact the party who made the content available at the most
recent email address that
party provided to VehicleHistory.com.
- 17.4.3.Under the DMCA, you may be held liable
damages based on material misrepresentations in your
Infringement Notice. You must also make a good-faith evaluation of
the use of your content is
a fair use; fair uses are not infringing. (See 17 U.S.C. Section 107,
https://www.law.cornell.edu/uscode/text/17/107, and Lenz v. Universal
Corp., No. 1316106 (9th
Cir. Sep. 14, 2015), available at
If you are not
sure if content located on or linked to by the Service infringes your
copyright, you should first contact
- 17.4.4.The DMCA requires that all Infringement
Notices must include the following:
- 188.8.131.52.A signature, electronic or
physical, of the copyright owner or a person authorized to act
- 184.108.40.206.An identification of the
copyright claimed to have been infringed;
- 220.127.116.11. A description of the nature
location of the material that you claim to infringe your
copyright, in sufficient detail to permit VehicleHistory.com to
and positively identify that material;
- 18.104.22.168.Your name, address, telephone
number, and email address; and
- 22.214.171.124.A statement by you: (i) that
believe in good faith that the use of the material that you
claim to infringe your copyright is not authorized by law, or by
copyright owner or such
owner's agent; and, (ii) under penalty of perjury, that all of
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.
- 17.4.5.Infringement Notices should be sent to
email@example.com with the subject line "DMCA
- 17.4.6.VehicleHistory.com will respond to all
DMCA-compliant Infringement Notices, including, as required or
removing the offending material or disabling all links to the offending
- 17.4.7.Disclosure. All received Infringement
Notices may be posted in full to the Lumen database
previously known as the Chilling Effects Clearinghouse.
18. Disclaimers; Limitation of Liability
- 18.1.No Warranties.
VehicleHistory.com, on behalf of itself and its licensors and suppliers,
disclaims any and all
warranties, express or implied, regarding the Service, arising by operation of
or otherwise, including
without limitation any and all implied warranties of merchantability, fitness
non-infringement, no encumbrance, or title, in addition to any warranties
from a course of dealing,
usage, or trade practice. Neither VehicleHistory.com nor its licensors or
warrants that the Service will meet your
requirements, or that the operation of the Service will be uninterrupted or
error-free. VehicleHistory.com disclaims all implied
liability for damages arising out of the furnishing of the Service pursuant to
without limitation, mistakes, omissions, interruptions, delays, tortious
errors, representations, or other
defects arising out of the failure to the furnish the Service, whether caused by
acts of commission or omission, or
any other damage occurring. VehicleHistory.com shall not be liable for any
incidental, special, consequential, or punitive
damages (including without limitation damages for lost profits or lost
whether caused by the acts or
omissions of VehicleHistory.com, Company Parties, or VehicleHistory.com users,
their agents or representatives.
- 18.2.Your Responsibility for Loss or Damage; Backup of
- 18.2.1.You agree that your use of the Service
at your sole risk. You will not hold VehicleHistory.com or its licensors
suppliers, as applicable, responsible for any loss or damage that
from your access to and/or use
of the Service, including without limitation any loss or damage to any
your computers, mobile
devices, including without limitations tablets and/or smartphones, or
The Service may contain
bugs, errors, problems, or other limitations.
- 18.3.Limitation of Liability.
In no event shall VehicleHistory.com or its licensors or suppliers be liable to
for any claims arising
from your use with the Service, including without limitation for special,
incidental, or consequential damages,
lost profits, lost data or confidential or other information, loss of privacy,
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
any advice or notice given to
VehicleHistory.com or its licensors and suppliers arising out of or in
with your use of the Service. This limitation
shall apply regardless of whether the damages arise out of breach of contract,
or any other legal theory or
form of action. You agree that this limitation of liability represents a
allocation of risk and is a
fundamental element of the basis of the bargain between VehicleHistory.com and
The Service would not be provided
without such limitations.
- 18.4.Application of Disclaimers.
The above disclaimers, waivers, and limitations do not in any way limit any
disclaimer of warranties or any other limitation of liability in any other
between you and VehicleHistory.com or
between you and any of VehicleHistory.com'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. VehicleHistory.com's licensors
suppliers are intended third-party beneficiaries
of these disclaimers, waivers, and limitations. No advice or information,
oral or written, obtained by
you through the Service or otherwise shall alter any of the disclaimers or
limitations stated in this section.
19. Your Representations and Warranties
You represent and warrant that your use of the Service will be in accordance with
Agreement and any other
VehicleHistory.com policies, and with any applicable laws or regulations.
20. Indemnity by You
- 20.1. Without limiting any indemnification provision of this
you (the "Indemnitor") agree to defend,
indemnify, and hold harmless VehicleHistory.com and the Company Parties
(collectively, the "Indemnitees") from and
against any and all claims, actions, demands, causes of action, and other
"Claim", and collectively, "Claims"), including but not limited to legal costs
fees, and providing sole
and exclusive control of the defense of any action to VehicleHistory.com,
the choice of legal counsel and all
related settlement negotiations, arising out of or relating to: (i) the
between you and VehicleHistory.com,
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 Service; (iv) your provision to
VehicleHistory.com or any of the Indemnitees of
information or other data; (v) your violation or alleged violation of any
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.
- 20.2. 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
prior written consent
of the concerned Company Parties.
- 20.3. Without limitation, the Indemnitor also agrees to compensate
VehicleHistory.com for any and all lost revenues, future lost
profits, reasonable search costs, and any other reasonable expenses resulting
violation of Section 16 (Prohibited Uses), including without limitation any
suspension of affiliate accounts or
affiliate payment attributable to fraudulent efforts to manipulate or otherwise
impressions generated by the Company Parties under any affiliate advertising
21. Dispute Resolution
- 21.1.Binding Arbitration
- 21.1.1. If you and VehicleHistory.com cannot
resolve a Claim through negotiations, either party may elect to have the
finally and exclusively resolved by binding arbitration. Any election to
arbitrate by one party shall be final
and binding on the other(s).
- 21.1.2. You 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.
- 21.1.3. The language in this Agreement shall
interpreted in accordance with its fair meaning and not strictly
for or against either party.
- 21.1.4.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 in this Agreement,
VehicleHistory.com will pay the AAA filing, administration, and
fees. If, however, the arbitrator finds that either
the substance of your claim or the relief sought is frivolous or brought
an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure
11(b)), then you will pay the
arbitrator fees, in addition to any amount that exceeds the filing fees.
that case, you also agree to
reimburse VehicleHistory.com for all payments disbursed that are your
obligation to reimburse under the AAA Rules. The
arbitrator is bound by the terms of this Agreement. All issues are for
arbitrator to resolve, except that
issues relating to the enforceability of the arbitration provision are
Court of Competent Jurisdiction
to resolve. The arbitration may be conducted in person, through document
telephone, or online. The arbitrator will issue a decision in writing,
need only provide a statement of
reasons if requested by a party. The arbitrator must follow applicable
and any award may be
challenged if the arbitrator fails to do so. VehicleHistory.com may
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. The arbitrator shall award costs to the prevailing
(including, without limitation,
fees, expenses, and reasonable attorneys' fees) at any time during the
proceeding and upon request from
either party, within 14 days of the arbitrator's ruling on the merits.
- 21.2.Restrictions Against Joinder of Claims
- 21.2.1. You and VehicleHistory.com agree that
arbitration shall be limited to each Claim individually. You and
VehicleHistory.com agree that
each may only bring claims against the other in your or
individual capacity and not as a plaintiff or
class member in any purported class or representative proceeding.
- 21.2.2. If this specific provision is found to
unenforceable in a Court of Competent Jurisdiction, the Claim will
still be finally and exclusively resolved by binding arbitration upon
election of either party, and any
election to arbitrate by one party shall be final and binding on the
other(s). In addition: (1) no arbitration
shall be joined with any other arbitration, and (2) there is no right
any Claim to be arbitrated on a
class-action basis or to employ class action procedures, and (3) there
right of authority for any
dispute to be brought in a purported representative capacity on behalf
either of the general public or any
- 21.3.Remedies in Aid of Arbitration; Equitable
Remedies in Aid of Arbitration; Equitable Relief. This
to arbitrate will not preclude you or VehicleHistory.com from
seeking provisional remedies in aid of arbitration, including without
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 VehicleHistory.com from
to a Court of Competent Jurisdiction for a
temporary restraining order, preliminary injunction, or other interim or
conservatory relief, as necessary. "Court
of Competent Jurisdiction" means any federal or state court: (1) that has
jurisdiction over the subject matter; and
(2) that is located in the State of Nevada.
- 21.4.Venue for any Judicial Proceeding
- 21.4.1. This Agreement, including without
limitation this Agreement's interpretation, shall be treated as though
this Agreement were executed and performed in the State of Nevada, and
be governed by and
construed in accordance with the laws of the State of Nevada without
to its conflict of law
principles. The language in this Agreement shall be interpreted in
accordance with its fair meaning and
not strictly for or against either party.
- 21.4.2. The proper venue for any judicial
arising out of, relating to, or in connection with this Agreement
will be the state and federal courts located in or nearest to Las Vegas,
Nevada. The parties stipulate to,
and agree to waive any objection to, the personal jurisdiction and venue
such courts, and further
expressly submit to extraterritorial service of process.
- 22.1.By Company
Without limiting any other provision of this Agreement, VehicleHistory.com
the right to, in VehicleHistory.com's sole
discretion and without notice or liability, deny use of the Service to any
for any reason or for no
reason at all, including without limitation for any breach or suspected breach
warranty, or covenant contained in this Agreement, or of any applicable law or
- 22.2.Automatic Termination Upon Breach by You.
This Agreement shall automatically terminate if you
breach any of this Agreement's representations, warranties, or covenants. Such
termination shall be
automatic, and shall not require any action by VehicleHistory.com.
- 22.3.Effect of Termination
- 22.3.1. Any termination of this Agreement
automatically terminates all rights and licenses granted to you under
this Agreement, including all rights to use the Service. Upon
VehicleHistory.com may, but has no obligation
to, in VehicleHistory.com's sole discretion, rescind any services or
otherwise relate to your use of the Service. Upon termination, you shall
cease any use of the Service.
- 22.3.2. After termination, VehicleHistory.com
reserves the right to exercise whatever means it deems necessary to
unauthorized use of the Service, including without limitation
barriers such as IP blocking and
direct contact with your Internet Service Provider.
- 22.4.Legal Action.
If VehicleHistory.com, in VehicleHistory.com's discretion, takes legal action
against you in connection with any actual or
suspected breach of this Agreement, VehicleHistory.com will be entitled to
from you as part of such legal action,
and you agree to pay, VehicleHistory.com's reasonable costs and attorneys' fees
incurred as a result of such legal action.
The Company Parties will have no legal obligation or other liability to you or
any third party arising out of
or relating to any termination of this Agreement.
- 23.1.Entire Agreement.
This Agreement constitutes the entire agreement between VehicleHistory.com and
your use of the Service.
- 23.2.Partial Invalidity.
Should any part of this Agreement be declared invalid, void, or unenforceable by
of Competent Jurisdiction, such decision shall not affect the validity of any
remaining portion of this
Agreement, which shall remain in full force and effect, and the parties
and agree that they
would have executed the remaining portion without including the part so declared
a Court of Competent
Jurisdiction to be invalid, void, or unenforceable.
This Agreement may only be modified by a written amendment signed by an
executive of VehicleHistory.com, or by the unilateral amendment of this
VehicleHistory.com along with the posting by VehicleHistory.com of
that amended version.
- 23.4.No Waiver.
A waiver by either party of any term or condition of this Agreement, or any
in any one
instance, will not waive that term or condition or any later breach.
This Agreement and all of your rights and obligations under it will not be
transferable by you without the prior written consent of VehicleHistory.com.
Agreement will be binding upon and will
inure to the benefit of the parties, their successors, and permitted assigns.
- 23.6.Independent Contractors.
You and VehicleHistory.com are independent contractors, and no agency,
venture, or employee-employer relationship is intended or created by this
- 23.7.No Third Party Beneficiaries.
There are no third-party beneficiaries to this Agreement, with the following
exceptions: the Company Parties; VehicleHistory.com's licensors and suppliers
the extent expressly stated in this
Agreement); and to the extent stated in the following Sections: Section 9 (No
Reliance on Third Party
Content), Section 12 (Third Party Websites), Section 18.4 (Application of
- 23.8.Injunctive Relief.
You acknowledge and agree that any actual or threatened breach of this Agreement
infringement of proprietary or other third-party rights by you would cause
irreparable injury to VehicleHistory.com and
VehicleHistory.com's licensors and suppliers, and would therefore entitle
VehicleHistory.com or VehicleHistory.com's licensors or suppliers, as the case
may be, to injunctive relief.
The headings in this Agreement are for convenience only, and shall have no legal
24. NMVTIS Consumer Access Disclaimer REVISED: April
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
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
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
NMVTIS data in “real-time”
(as title transactions occur), other states send updates less frequently, such as
every 24 hours or within a
period of days.
Information on previous, significant vehicle damage may not be included in the
the vehicle was never
determined by an insurance company (or other appropriate entity) to be a “total
branded by a state titling
agency. Conversely, an insurance carrier may be required to report a “total loss”
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
Information from participating
motor vehicle titling agencies.
• Information on automobiles, buses, trucks, motorcycles, recreational
motor homes, and tractors. NMVTIS
may not currently include commercial vehicles if those vehicles are not included in
state’s primary database for
title records (in some states, those vehicles are managed by a separate state
although these records may
be added at a later time.
• Information on “brands” applied to vehicles provided by participating state
vehicle titling agencies. Brand
types and definitions vary by state, but may provide useful information about the
condition or prior use of the
• 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”
traded-in under the Consumer
Assistance to Recycle and Save Act of 2009 (CARS) Program.
Consumers are advised to visit www.vehiclehistory.gov
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