By clicking "I Agree" you are consenting to our Terms and
technologies such as cookies by VehicleHistory.com and the third parties used to deliver relevant
ads on our site, across the internet, and perform site analytics. For more information about our site
have access to our site, if you do not agree.
Last Updated June 8, 2018
explain how VehicleHistory.com collects, uses and shares information from you when you use
the Website and to help you make an informed decision as to whether to use or continue using
1. Who controls my personal information?
Any personal information provided to or gathered by VehicleHistory.com is controlled by:
3755 Breakthrough Way
Las Vegas, Nevada 89135
2. What information does VehicleHistory.com collect from me?
The amount and type of information we gather depends upon your use of the Website and, in
some cases, what type of information you choose to disclose. We may collect the following
information from you:
We collect information from you when you submit your personal information to us over the
Website, such as by providing a review of the Website. Such personal information may include
your name, email addresses, phone number, and other information which you voluntarily
provide to us.
Information You Make Public
The Website may contain features that allow you to upload, post, transmit, display, perform or
distribute content, including personal information about yourself. For example, you may choose
to include personal information within your public-facing review, which is available and
accessible to all visitors of the website. Any information that you choose to disclose by means
of such features becomes public information over which VehicleHistory.com is unable to
exercise control. You should take caution when deciding to disclose personal information by
means of such features.
Device/Internet Connection Information
When you use the Website, we automatically gather information made available by your web
browser (such as Microsoft Edge or Google Chrome), Internet service provider (such as
Comcast or Time Warner), and device (such as your computer, phone, or tablet), depending on
your settings for each. For example, we may collect your IP address, information about the
operating system or type of device you use, the date and time you access the Website, your log
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 you have
provided it to a Third Party and we subsequently acquire the information from the Third Party.
Such information may include, but is not limited to, your personal and online interests and
Internet browsing habits. These Third Parties may have collected such information by placing
Cookies on your device, using web beacons, gathering IP addresses and log data, and so forth.
The purpose of this practice, which is sometimes called "retargeting," is to deliver content and
advertising that is specific to your interests. For example, if you look at a particular product
service on the Website, you may later see that same product advertised to you on Facebook.
You can better learn about such Third-Party data collection and advertising practices, including
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 claim
for a prize pursuant to a contest or other promotion run on the Website, or when you request
assistance through from our customer service department. You will always be asked to provide
such other information voluntarily, and we will not collect it without your permission.
“Cookies” are files that are placed on your device by websites you visit. The purpose of a
Cookie is to identify you as a unique user of the Website. A web beacon is programming code
that can be used to, among other things, transfer an individual’s unique user identification
in the form of a Cookie) to a database and associate the individual with previously acquired
information about an individual in a database. This allows us to track certain websites you
online. Web beacons are used to determine products or services you may be interested in, and
to track online behavioral habits for marketing purposes.
We currently use Cookie and web beacon technology to associate certain Internet-related
information about you with information we already have in our database, for the following
to gather information that helps us understand how you and other users engage with the
Website and our Third-Party partners and figure out how to do it better. The Third Party
analytics vendors we work with include Google Analytics and Mouseflow.
To Provide Support to You.
by Third Parties, to provide vehicle information to you. For example, we may use a
session ID cookie, which is only kept for the duration of your visit to the Website, to keep
track of the vehicle information (including VIN numbers) that you have entered so that
you do not have to re-enter it.
those placed by
Third Parties, to deliver advertising that may be of interest to you. For example, Bing,
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 see the
same advertisements over and over and to identify block unwanted ads.
You may opt out of Third Party Cookies by visiting the Network Advertising Initiative opt-out
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 beacons,
for the following purposes:
To Communicate with You
We use information gathered on the Website to personalize communication with you, and to
respond to your requests for support.
To Improve the Website
VehicleHistory.com uses the information we collect from you and other users to provide and
Parties, to gather statistical information that helps us understand how you and other users
engage with the Website and improve its performance.
We use information gathered from Cookies to keep track of your vehicle search information,
such as your preference on what ZIP code to use for vehicle pricing information, so that you do
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, including
those placed by Third Parties, to deliver ads to you once you’ve left the Website.
5. How does VehicleHistory.com share my information?
To Fulfill Your Information Requests
We may transfer your information to Third Parties when necessary to provide a product or
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 market
our products and services. If you want us to stop using the personal data you have provided in
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 is,
that have common ownership with us—at our discretion, in which event, your information shall
VehicleHistory.com be subject to an acquisition, merger, sale or other change of control or
business entity status, we reserve the right to transfer or assign your information as part of
acquisition, merger or sale.
To Our Third-Party Partners
We may disclose your personal information as needed to our Third-Party service providers and
To Comply with Legal Process and Prevent Harm
Although highly unlikely, given the limited information we collect, we may disclose your
information to respond to subpoenas, court orders, and other legal processes.
6. How and where does VehicleHistory.com secure my information?
VehicleHistory.com, and the Third Party vendors we use to store your information, employ
security measures (such as SSL encryption and HTTPS protocol) to protect against the loss,
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 VehicleHistory.com
a location outside of the United States, your connection will be through and to servers located
the United States, and all information you provide will be processed and securely maintained in
our web servers and internal systems located within the United States. By using
VehicleHistory.com you authorize and specifically consent to the transfer of personal
to the United States and its storage and use as specified above when you provide such
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, amending,
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 information
the Website may request certain information regarding our disclosure of personal information to
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 children?
VehicleHistory.com will never knowingly collect any personal information about children under
the age of 13. If we obtain actual knowledge that we have collected personal information about
a child under the age of 13, that information will be immediately deleted from our database.
Because we do not collect such information, we have no such information to use or to disclose
to Third Parties. We have designed this policy in order to comply with the Children’s Online
Privacy Protection Act (COPPA).
9. Does VehicleHistory.com respond to Do Not Track (DNT) Signals?
DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to
request that your browsing is not tracked. VehicleHistory.com does not currently respond to
10. What about Third Party practices?
Third Party Cookies and Web Beacons
Advertising agencies, advertising networks, and other companies (together, Third Parties) who
place advertisements on the Internet generally may use their own cookies, web beacons, and
other technology to collect information about individuals. Except as expressly provided herein,
we do not control Third Parties’ use of such technology and we have no responsibility for the
use of such technology to gather information about individuals. It is up to you to familiarize
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 Parties.
We are not responsible for the privacy practices or the content of such other websites. Linked
websites may contain links to websites maintained by Third Parties. Such links are provided for
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. The
inclusion of a link to a website does not imply any endorsement of the services or the site, its
contents, or its sponsoring organization.
by posting such modification on this page; however, if changes are significant, we may provide a
more prominent notice or email you. Unless we receive your express consent, any revised
Welcome to VehicleHistory.com, which is owned and operated by VehicleHistory.com!
VehicleHistory.com recommends that you read the following terms and conditions carefully.
- 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 by VehicleHistory.com (together, the "Website" or "Service"), however accessed or used, you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). We 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
- 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 a dispute. See Section 21
(Dispute Resolution) for full details.
By using the Service, you consent to the collection and use of certain information about you, as specified in the Privacy
Internet technology and the applicable laws, rules, and regulations change frequently. VehicleHistory.com reserves the right to change
- 4.1.By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent
and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form
contracts under applicable law.
- 4.2.Corporate Use. If you are using the Service on behalf of a company, you further represent and warrant that
you are authorized to act and enter into contracts on behalf of that company.
5. Technology Platform
Without limitation, you agree that VehicleHistory.com is merely a technology platform, 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 a non-exclusive, non-sublicensable, revocable
as stated in this Agreement, non-transferable license to access the Website, and to use the Service. No part of the
Service, including the Website, may be reproduced, duplicated, copied, modified, sold, 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 this 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 sources and based on algorithms
that are believed by VehicleHistory.com to be reliable (other than user-submitted content, as to which VehicleHistory.com makes no such
representation), but VehicleHistory.com does not and cannot verify this information 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 regarding a particular vehicle before
you purchase it.
9. No Reliance on Third Party Content
Opinions, advice, statements, or other information made available through the Service by third parties are those of
their respective authors, and should not necessarily be relied upon. Those authors are 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 circumstances 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, hold 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 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 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 and 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 does not have control over the content and performance of
Third Party Websites. VehicleHistory.com has not reviewed, and cannot review or control, all of the material, including computer
software or other goods or services, made available on Third Party 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 you 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 personally
identifiable information (e.g., first and last name, address, phone number, email 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 rights, 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, distribute, enhance,
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 any medium now existing or later
devised, including without limitation in advertising and publicity. You further 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 section, including without
limitation any claims relating to your rights of personal privacy and publicity. You will not be
compensated for any exercise of the license granted under this section.
- 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 grant 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 (Objectionable Content).
- 13.5.Company's Right to Reject User Content.
VehicleHistory.com reserves the right, in its sole discretion, to reject any User
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 right to remove or deny.
14. Your Responsibility for Defamatory Comments
- 14.1.You agree and understand that you may be held legally responsible 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 Section 230 of the Federal
Communications Decency Act of 1996, VehicleHistory.com is not legally responsible, 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 the legal equivalent, you agree to fully
and immediately compensate VehicleHistory.com for all losses, liability, damages, costs, and expenses, including without
limitation all attorneys' fees and expenses in defending the action and resolving 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, perform, 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 pornography; (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 racist terms, or signify hate toward any
person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) advertise or otherwise solicit
proprietary information; (j) are false or fraudulent; (k) contains images or videos of 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 actual 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 Objectionable Content. VehicleHistory.com, in its sole
discretion, may delete any Objectionable Content from its servers. VehicleHistory.com 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 violation 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 of any advertisement posted through the Service
- 16.2.Harvesting or otherwise collecting information about 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, or
other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent
agents) to harvest or otherwise collect information from the Service for any use, including without limitation
use on Third Party Websites
- 16.4.Accessing content or data not intended for you, or logging into a server or account that you are not authorized
- 16.5.Attempting to probe, scan, or test the vulnerability 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 of the Service by any other user, host, or network, including
(without limitation) by submitting malware or exploiting software vulnerabilities
- 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 packet 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 other content-blocking software, browser extensions, or built-in
browser options designed to hide, block, or prevent the proper display of online advertising
- 16.10.Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a
human-perceivable form any of the source code used by the Company Parties in providing the Service,
including without limitation any fraudulent effort to modify software or any other technological mechanism for
measuring the number of impressions generated by individual content and/or the overall 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 using the Service, you will obey all applicable laws and respect
the intellectual property rights of others. Your use of the Service is at all times governed by and subject
to copyright and other intellectual property laws. 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.
VehicleHistory.com and the VehicleHistory.com logo (collectively, the "Company Marks") are trademarks or registered
trademarks of VehicleHistory.com. Other trademarks, service marks, graphics, logos, 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 of 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 interest 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, graphics, 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 right, 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 linked 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 for damages based on material misrepresentations in your
Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is
a fair use; fair uses are not infringing. (See 17 U.S.C. Section 107, available at
https://www.law.cornell.edu/uscode/text/17/107, and Lenz v. Universal Music Corp., No. 1316106 (9th
Cir. Sep. 14, 2015), available at
https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/.) 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:
- 22.214.171.124.A signature, electronic or physical, of the copyright owner or a person authorized to act on
- 126.96.36.199.An identification of the copyright claimed to have been infringed;
- 188.8.131.52. A description of the nature and location of the material that you claim to infringe your
copyright, in sufficient detail to permit VehicleHistory.com to find and positively identify that material;
- 184.108.40.206.Your name, address, telephone number, and email address; and
- 220.127.116.11.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.
- 17.4.5.Infringement Notices should be sent to firstname.lastname@example.org with the subject line "DMCA
- 17.4.6.VehicleHistory.com will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by
removing the offending material or disabling all links to the offending material.
- 17.4.7.Disclosure. All received Infringement Notices may be posted in full to the Lumen database
(https://lumendatabase.org/), 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, expressly disclaims any and all
warranties, express or implied, regarding the Service, 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 VehicleHistory.com nor its licensors or suppliers 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 this Agreement, including
without limitation, mistakes, omissions, interruptions, delays, tortious conduct, 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 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 VehicleHistory.com, Company Parties, or VehicleHistory.com users, or their agents or representatives.
- 18.2.Your Responsibility for Loss or Damage; Backup of Data
- 18.2.1.You agree that your use of the Service is at your sole risk. You will not hold VehicleHistory.com or its licensors and
suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use
of the Service, including without limitation any loss or damage to any of your computers, mobile
devices, including without limitations tablets and/or smartphones, or data. 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 you 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, 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
VehicleHistory.com or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation
shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or
form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a
fundamental element of the basis of the bargain between VehicleHistory.com and you. 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 other
disclaimer of warranties or any other limitation of liability in any other agreement 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 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 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 this 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 Agreement, 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 proceedings (individually,
"Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole
and exclusive control of the defense of any action to VehicleHistory.com, including the choice of legal counsel and all
related settlement negotiations, arising out of or relating to: (i) the relationship 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 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.
- 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 the 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 from any Indemnitor
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 modify reported
impressions generated by the Company Parties under any affiliate advertising agreement.
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 Claim
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 be 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 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 Procedure 11(b)), then you will pay the
arbitrator fees, in addition to any amount that exceeds the filing fees. In 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 the arbitrator to resolve, except that
issues relating to the enforceability of the arbitration provision are 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. VehicleHistory.com 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. The arbitrator shall award costs to the prevailing party (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 any 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 VehicleHistory.com's 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 be unenforceable in a Court of Competent Jurisdiction, the Claim will
still be finally and exclusively resolved by binding arbitration upon the 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 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
- 21.3.Remedies in Aid of Arbitration; Equitable Relief
Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or VehicleHistory.com 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 VehicleHistory.com from applying to a Court of Competent Jurisdiction for a
temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court
of Competent Jurisdiction" means any federal or state court: (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 shall be governed by and
construed in accordance with the laws of the State of Nevada without regard to its conflict of law
principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and
not strictly for or against either party.
- 21.4.2. The proper venue for any judicial action 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 of 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 reserves the right to, in VehicleHistory.com's sole
discretion and without notice or liability, deny use of the Service 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.
- 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 termination, VehicleHistory.com may, but has no obligation
to, in VehicleHistory.com's sole discretion, rescind any services or that 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 prevent your
unauthorized use of the Service, including without limitation technological 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 recover 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 to 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 you concerning
your use of the Service.
- 23.2.Partial Invalidity.
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 of this
Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they
would have executed the remaining portion without including the part so declared by a Court of Competent
Jurisdiction to be invalid, void, or unenforceable.
This Agreement may only be modified by a written amendment signed by an authorized
executive of VehicleHistory.com, or by the unilateral amendment of this Agreement by 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 breach, 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 assignable or
transferable by you without the prior written consent of VehicleHistory.com. This 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, partnership, joint
venture, or employee-employer relationship is intended or created by this Agreement.
- 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 (to 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 Disclaimers).
- 23.8.Injunctive Relief.
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 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 or contractual
24. NMVTIS Consumer Access Disclaimer REVISED: April 2015
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
• 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 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