Last Updated June 8, 2018
Thank you for visiting VehicleHistory.com (the “Website”). We provide this Privacy
Policy to
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
the Website.
1. Who controls my personal information?
Any personal information provided to or gathered by VehicleHistory.com is controlled
by:
VehicleHistory.com, LLC
3755 Breakthrough Way
Suite 110
Las Vegas, Nevada 89135
UNITED STATES
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:
Personal Information
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
or
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:
Other Information
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.
3. How does VehicleHistory.com use Cookies?
“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
(often
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
visit
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
purposes:
-
To Analyze User Trends. We also use Cookies for
analytics
and
performance—that is,
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.
We also use Cookies, including those placed by Third Parties, to provide
customer
support
services.
-
To Provide Vehicle Information to You. We also use
Cookies,
including
those placed
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.
-
To Advertise to You. We also use Cookies and web
beacons,
including
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
improve the Website. As explained above, we use Cookies, including those placed by
Third
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,
businesses
that have common ownership with us—at our discretion, in which event, your
information
shall
be treated by the affiliated entities in accordance with this Privacy Policy. Should
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
that
acquisition, merger or sale.
To Our Third-Party Partners
We may disclose your personal information as needed to our Third-Party service
providers
and
advertising partners.
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.
VehicleHistory.com
is
provided ONLY to users residing in the United States. If you are visiting
VehicleHistory.com
from
a location outside of the United States, your connection will be through and to
servers
located
in
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
information
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
support@VehicleHistory.com.
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
to
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
support@VehicleHistory.com.
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
DNT requests.
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.
11. How will I find out about changes to the Privacy Policy?
Each time you use the Website, the then-current version of this Privacy Policy will
apply.
Although most changes are likely to be minor, we reserve the right to modify this
Privacy Policy
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
Privacy Policy will apply only to information collected after the effective date of
such
revised
Privacy Policy, and not to information collected under any earlier version.
1. Introduction
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.
- 1.2.Agreement.
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.
- 1.3.Separate Privacy Policy.
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
Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement
by
reference. The Privacy Policy is available at
https://www.vehiclehistory.com/privacy-policy.php.
- 1.4.No Permission Without Agreement. If you do not
understand
this Agreement, or do not agree to be bound by it or the Privacy Policy, you
may
not access or use the Service, and you must immediately cease accessing or
using
the Service.
- 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.
2. Privacy Policy
By using the Service, you consent to the collection and use of certain information
about
you, as specified in the Privacy
Policy discussed in Section 1.3 (Separate Privacy Policy). VehicleHistory.com
encourages
users of the Service to frequently check the
Privacy Policy for changes.
3. Changes to Agreement and Privacy Policy
Internet technology and the applicable laws, rules, and regulations change
frequently.
VehicleHistory.com reserves the right to change
this Agreement and its Privacy Policy at any time upon notice to you (including by
posting a new version, or sending
you a change notice). It is your responsibility to review this Agreement and the
Privacy
Policy periodically. If at any time
you find either this Agreement or the Privacy Policy unacceptable, you must
immediately
cease accessing Service.
Unless VehicleHistory.com obtains your express consent, any revised Privacy Policy
will
apply only to information collected by VehicleHistory.com after
the revised Privacy Policy takes effect, and not to information collected under any
earlier versions of the Privacy Policy.
4. Eligibility
- 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).
6. License
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.
11. Fees
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
funds or constitute a solicitation for goods or services; (h) violate any provision
of
this Agreement or any other VehicleHistory.com agreement or policy, including
without
limitation VehicleHistory.com's Privacy Policy; (i) disclose another's personal,
confidential, or
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
to access
- 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
headers)
- 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.
- 17.2.Trademarks.
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
materials.
- 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
Act ("DMCA").
- 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
an attorney.
- 17.4.4.The DMCA requires that all Infringement
Notices must include the following:
- 17.4.4.1.A signature, electronic or
physical, of the copyright owner or a person authorized to act
on
their behalf;
- 17.4.4.2.An identification of the
copyright claimed to have been infringed;
- 17.4.4.3. 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;
- 17.4.4.4.Your name, address, telephone
number, and email address; and
- 17.4.4.5.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
corporate@vehiclehistory.com with the subject line "DMCA
Notice: (VehicleHistory.com)".
- 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
other individuals.
- 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. Termination
- 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. General
- 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.
- 23.3.Amendments.
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.
- 23.5.Assignment.
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.
- 23.9.Headings.
The headings in this Agreement are for convenience only, and shall have no legal
or
contractual
effect.
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
vehicle.
• Most recent odometer reading in the state’s title record.
• Information from insurance companies, and auto recyclers, including junk and
salvage yards, that is required by
law to be reported to the system, beginning March 31, 2009. This information will
include if the vehicle was
determined to be a “total loss” by an insurance carrier.
• Information from junk and salvage yards receiving a “cash for clunker”
vehicle
traded-in under the Consumer
Assistance to Recycle and Save Act of 2009 (CARS) Program.
Consumers are advised to visit 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
titling agencies.