VIN DATA PRODUCTS TERMS OF SERVICE

Revised by VDP Legal Team on August 1, 2024

1. YOUR ACCEPTANCE OF TERMS

The following Terms of Service (“TOS”) are between you and VIN Data Products LLC and constitute a legal agreement that governs your use of the product, software, services and website, as more fully described on the website https://www.vindata.com (the "website" or "vindata" and collectively the “product”, “products”, "service" or "services "). You must agree to these TOS before you can use the service. You can agree to these TOS by: (a) actually using the service, or (b) clicking a box that indicates you agree to the service, where such a box is made available to you. If you do not agree to any of the following terms, you may not use the service. You should print or otherwise save a copy of these TOS for your records. “VDP” as used herein means VIN Data Products LLC, located at 571 Glenridge Rd., Key Biscayne, FL 33149.

These Terms of Service constitute the entire agreement between you and VDP and govern your use of the service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. VDP failure to enforce any right or provisions in these TOS will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. VDP will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Legal Authority

To use and/or register for the service you must be: (a) of legal age to form a binding contract with VIN Data Products LLC, (b) having the mental and legal capacity to form a binding contract and (c) cannot be a person barred from receiving the service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.

TOS Updates

VDP may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time. If VDP makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if VDP makes a change to the TOS that materially impacts your use of the service, VDP may post notice of any such change on our website and/or email you notice of any such change to your VDP account.

2. DESCRIPTION OF VIN DATA PRODUCTS AND SERVICE

Product and Service – Approved NMVTIS Service Provider

VIN Data Products specializes in access to critical data for commercial users, dealers and consumers involved in the purchase of used vehicles. VIN Data Products vehicle history service provides real-time Junk, Salvage and Insurance Loss records as well as Vehicle Title and History Reports. VIN Data Products Vehicle History Reports include Title and Brand data from the National Motor Vehicle Title Information System (NMVTIS). Through its partnership with NMVTIS, VIN Data Products reports are available for automobiles and light trucks, motorcycles, recreational vehicles (RVs), medium and heavy trucks and pre 1981 classic cars.

System Requirements

Use of the service requires one or more compatible devices, certain software and internet access with a compatible ISP (broadband is generally required for web applications); separate fees may apply. VDP does not sell any hardware or fixtures. High speed internet access is strongly recommended. Because use of the Services involves hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The services are not part of any other product or offering, and no purchase (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the services.

Changing the Service

VDP reserves the right to modify or stop the service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, VDP may post on our website and/or send email to your VDP account, notice of such changes to the service. It is your responsibility to review our website and/or check your email address provided to VDP for any such notices. You agree that VDP shall not be liable to you or any third party for any modification or cessation of the service.

Availability of the Service

The Service, or any feature or part thereof, may not be available in all languages or in all countries and VDP makes no representation that the service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.

Quality and Delivery

The VDP network is built on the "best effort" principle. Please understand that VDP provides no guarantee that the services will always function without disruption, delay, or other imperfections. Since the services may be transmitted through public cellular and mobile networks, including satellite phone services, and other types of cellular networks, Internet lines and even the public switched telephone network ("PSTN"), there may be power outages or service disruption. You may experience some disruptions which will interfere with the speed, quality, transmission and reception of services which are beyond our management or control.

Technical Improvement and Maintenance

VDP may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. VDP may also have to repair, improve, and/or upgrade the services and this may require us to restrict, limit, suspend, interfere and/or interrupt the services periodically from time to time.

General Practices Regarding Use and Storage

You agree that VDP has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services. VDP retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

Content of The Service and Communications

VDP takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does VDP have any obligation to monitor such third-party content. VDP reserves the right at all times to remove or refuse to distribute any content on the services, such as content which violates the terms of this Agreement. VDP also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of VDP, its users and the public. VDP will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. VDP does not control or have any knowledge of the content of any communication(s) spread by the use of the services. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.

Termination

VDP reserves the right to alter fees and charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of VDP Terms of Service or Terms of Use. VDP Services are also subject to termination in the event that your wireless service terminates or lapses. VDP may discontinue the services at any time.

3. YOUR USE OF THE SERVICE

Member Account

When you accept these TOS and complete the VDP sign up process, you become a VDP “Member Account” holder. You are required to select a unique name upon sign up that will be used for your account (your “Member ID”). You are responsible for all activity that takes place on your Member Account. Upon creating your Member ID, you may be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Member ID. If you suspect or become aware of any unauthorized use of your account please contact VDP Customer Support. You further acknowledge and agree that the service is designed and intended only for the use of the Member opening an account and you should not share your account and/or password details with another individual or entity. By allowing anyone other than the subscriber to access your Member Account (other than your authorized employees or VDP is a violation of these TOS and grounds for immediate termination or suspension of your account without refund. Member Account transfer or assignment is generally not permitted, unless agreed to in writing by VDP.

VDP may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or other information requested by VDP. When a Member Account is created, the information given for the Member Account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple Member Accounts per identification method only at VDP’s sole discretion. A single Member Account may be used by a single legal entity, such as an automobile dealership, at VDP’s sole discretion and subject to VDP requirements. Additional Member Accounts beyond the first Member Account per unique user may be subject to fees upon Member Account creation. You may not transfer your Member Account to any third party without the prior written consent of VDP; notwithstanding the foregoing, VDP will not unreasonably withhold consent to the transfer of an Member Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by VDP.
Member Account may be cancelled by you at any time. Upon your election to cancel, your Member Account will be cancelled within twenty-four (24) hours. If you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Services unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the services.
VDP has the right at any time for any reason or no reason to suspend or terminate your Member Account, terminate this Agreement, and/or refuse any and all current or future use of the Services without notice or liability to you. In the event that VDP suspends or terminates your Member Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Member Account, or for anything else.
Member Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.
In the event a Member Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in VDP sole discretion), VDP may suspend or terminate the Member Account associated with such breach and any or all other Member Account held by you or your directors, officers, employees, affiliates, agents, contractors, or licensors, and your breach shall be deemed to apply to all such Accounts.
ELECTRONIC SIGNATURES AND CONTRACTS. Your use of the services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS VIA THE VDP WEBSITE CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Sign Up Obligations

You agree that all information you provide to VDP during the sign up process (“Sign Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your account.

FREE OFFER Limitations on Use

You agree to use the service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

Promotional offer: Any VDP Free Offer ("Promotion") is made available by VDP as advertised and subject to the terms and conditions of these Terms.

Eligibility: Promotion is offered to new users only and is not available to current VDP Member Account holders. Limit one per name, email, customer, household, and/or per IP address.

Availability and expiration: Except where prohibited by law, VDP reserves the right to modify, withdraw, suspend or terminate the Promotion at any time and for any reason, in which case we will not honor subsequent Promotion enrollments.

Restrictions: The Promotion may be subject to additional restrictions as advertised, such as limitations on the number of emails, IP addresses and names that can be used per Customer. If promotional submissions are exhausted, to continue the use of the VDP Services, Customer will need to subscribe to the paid VDP Services. The Promotion is non-transferable, cannot be redeemed for cash or other value, and may not be combined with other offers or discounts.

No warranties or guarantees: Customer understands and acknowledges that the Promotion is considered as a Free Service under the Terms of Services and is subject to the disclaimers and limitations as provided therein. No cash value. No refund eligibility.

Changes: VDP may modify or amend these Promotion Terms at any time, without notice to you. Your continued use following any such modifications or amendments shall constitute your acceptance of such modifications or amendments.

Additional Obligations or Terms of Use

Particular components or features of the service, provided by VDP and/or its licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the service.

No Conveyance, No Resale

Nothing in these TOS shall be construed to convey to you any interest, title, or license in a Member ID, email address, domain name, intellectual property of VDP or similar resource used by you in connection with the service. Unless expressly authorized in writing by VDP, you agree not to reproduce, duplicate, copy, sell, trade, resell, redistribute, or exploit for any commercial purposes any: (a) portion of the services; (b) use of the services, including VDPs response methods; or (c) access to the services, including, but not limited to Member Account information. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the service (or any part thereof) for any purpose.

No Right of Survivorship

You agree that any rights to your Member ID or content within your account terminate upon your death, or the dissolution, sale or bankruptcy of the Member Account if an entity. Upon receipt of a copy of a death certificate your account may be terminated and all content within your account deleted after thirty days of such notice to you. Contact VDP Customer Support for further assistance.

Use of Location-based Services

VDP its partners and/or licensors may provide certain features or services through the service that rely upon device-based location information. To provide such features or services, where available, VDP and its partners and licensors may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device, and you hereby agree and consent to VDP and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and/or using any location-based services or features within the service, you agree and consent to VDP collecting, using, processing and maintaining information related to your account, and any devices registered thereunder, for purposes of providing such location-based service or feature to you. Such information may include, but is not limited to, your Member ID, device ID and name, device type and real-time geographic location of your device at time of your request. You may withdraw this consent at any time by not using the location-based features or by turning off the Location Services settings (as applicable) on your device. When using third party services that use or provide location data as part of the service, you are subject to and should review such third party's terms and privacy policy on use of location data by such third-party services. Any location data provided by the service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither VDP nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service.

VDP Privacy Policy

You understand that by using the service, you consent and agree to the collection and use of certain information about you and your use of the service in accordance with VIN Data Product’s Privacy Policy. You further consent and agree that VDP may collect, use, transmit, process and maintain information related to your account, and any devices registered thereunder, for purposes of providing the service, and any features therein, to you. Information collected by VDP when you use the service may also include technical or diagnostic information related to your use that may be used by VDP to maintain, improve and enhance the service. For more information please read VIN Data Product’s full Privacy Policy. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by VDP and/or its affiliates.

4. CONTENT AND CONDUCT; YOUR USE OF THE SERVICE

By using VDP Services, you accept and acknowledge that you will abide by the following:

Content

“Content” means any information that may be generated or encountered through use of the service, such as data files, written text, software, graphics, photographs, images, sounds, videos, and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the service is the sole responsibility of the person from whom such content originated. This means that you, and not VDP, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the service. VDP does not control the Content posted via the service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the service and any Content is solely at your own risk.

Removal of Content

You acknowledge that VINData is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, VINData reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.

Backup of Your Content

As part of the Service, your Content will be stored by VDP for so long as your account is not terminated. The VDP website utilizes third party storage with several redundant backups. Although the possibility of data loss or corruption due to storage redundancy is very small, VDP cannot guarantee or warrant that any content you may store or access through the service will not be subject to inadvertent damage, corruption or loss due to the acts of third parties beyond the control of VDP. Such force majeure acts include, but are not limited to, acts of terrorism, nuclear war and acts of God.

Copyright Notice

If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact VDP directly.

Your Conduct

You agree that you will NOT use the Service to:

upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
stalk, harass, threaten or harm another;
if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another VDP subscriber, a VDP employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (VDP reserves the right to reject or block any Member ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the service (or any part thereof), or any other computer software or hardware;
interfere with or disrupt the service (including accessing the service through any automated means, like scripts or web crawlers), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
plan or engage in any illegal activity; and/or
gather and store personal information on any other users of the service to be used in connection with any of the foregoing prohibited activities.

5. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that VDP owns all right, title and interest in and to the services, including all intellectual property rights (the "VDP Rights"). VDP Rights are protected by U.S. and international intellectual property laws, including moral rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, reverse-engineer or create derivative works from the services or any part of the VDP Website. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the service.

Unless you have agreed otherwise in writing with VDP, nothing in the TOS gives you a right to use any of VDP’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by VDP, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of VDP in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

As described immediately below, VDP rights do not include third-party content used as part of the services, including the content of communications appearing on the services. VDP claims no ownership or control over any content submitted, posted or displayed by you on or through VDP services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through VDP services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through VDP services which are intended to be available to the members of the public, you grant VDP a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on VDP services for the purpose of displaying and distributing VDP Services. VDP furthermore reserves the right to refuse to accept, post, display, or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.

6. TERMINATION

Termination by VDP

If you fail, or VDP suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide VDP with a valid credit card or with accurate and complete Account registration data, failure to safeguard your account information, violation of the VDP Terms of Use or any license, or infringement or other violation of third parties' rights, VDP, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Services (or any part thereof).

Termination of the Services

VDP reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and VDP will not be liable to you or to any third party should it exercise such rights.

7. GENERAL COMPLIANCE WITH LAWS

The Services are controlled and operated by VDP from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

8. ENFORCEMENT OF THESE TERMS

VDP reserves the right to takes steps VDP believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VDP right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party rights). You agree that VDP has the right, without liability to you, to disclose any Member Account registration data and/or Member Account information to law enforcement authorities, government officials, and/or a third party, as VDP believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VDP right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the services is unlawful and/or infringes such third party rights).

9. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES

Certain content, products, and data available via the services may include materials from third parties. In addition, VDP may provide links to certain third-party Web sites. You acknowledge and agree that VDP is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. VDP DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES, OR COLLECTED DATA OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO ANY INFORMATION RELATING OR PERTAINING TO THE CONDITION, SAFETY, MARKETABILITY, MERCHANTABILITY, QUALITY, OWNERSHIP HISTORY, AND ACCIDENT HISTORY OF ANY PASSENGER MOTOR VEHICLE LOCATED IN ANY TERRITORY THROUGHOUT THE WORLD OR ANY DATA OR INFORMATION, CONTAINED IN OR OMITTED, FROM A PASSENGER MOTOR VEHICLE OWNERSHIP OR REGISTRATION DOCUMENT ISSUED BY ANY OF THE 50 STATES OF THE U.S. (OR DISTRICT OF COLUMBIA) OR PASSENGER VEHICLE REGISTRATION DOCUMENT ISSUED BY ANY PROVINCE OF CANADA. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that VDP is not in any way responsible for any such use by you.

10. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

VDP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VDP MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ALL SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY VDP) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE MOTOR VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE OR TRANSMITTED TO YOU. VDP GIVES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CONDITION, SAFETY, MARKETABLITY, MERCHANTABLITY, QUALITY, OWNERSHIP HISTORY, OR ACCIDENT HISTORY OF ANY MOTOR VEHICHLE AND DOES NOT ENDORSE, CERTIFY, AUTHORIZE, OR AUTHENTICATE ANY MOTOR VEHICLE OR ANY MOTOR VECHICLE OWNERSHIP OR REGISTRATION DOCUMENT PROVIDED TO YOU THROUGH ANY OF VDP SERVICES OR THIRD-PARTY SUPPLIERS. MOTOR VEHICLE HISTORY INFORMATION IS COLLECTED BY A NUMBER OF THIRD-PARTY SOURCES. SUCH INFORMATION MAY BE UNRELIABLE, INACCURATE, OUTDATED, FALSE OR MISLEADING, AND MAY NOT DETAIL MOTOR VEHICLE HISTORY INFORMATION SUCH AS WHETHER THE VEHICLE WAS JUNKED OR SALVAGED, DISMANTLED, REBUILT OR RECONSTRUCTED, SUBJECTED TO FLOOD DAMAGE, FIRE DAMAGE, BOUGHT BACK BY ITS MANUFACTURER, WHETHER THE ODOMETER EXCEEDS MECHANICAL LIMITS, WHETHER THE ODOMETER WAS NOT ACTUAL MILEAGE, OR OTHER MECHANICAL, STRUCTURAL, OR COSMETIC PROBLEMS WITH THE VECHICLE.

IN NO EVENT SHALL VDP, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE VDP WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE VDP WEBSITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE VDP WEBSITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE VDP WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF VDP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VDP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

VDP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND VDP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

VDP DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VDP DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN MOBILE OR CELLULAR DEVICE OR ALTERNATE STORAGE DEVICE, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THIRD PARTIES NECESSARY FOR ACCESSING THE VDP WEBSITE.

11. WAIVER AND INDEMNITY

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD VDP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY VDP AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM VDP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF VDP CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

12. CHANGES

VDP reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the VDP services following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

13. NOTICES

VDP may send you notice with respect to the services by sending an email message to the email address listed in your VDP account contact information, by sending a letter via postal mail to the contact address listed in your VDP Account contact information. Notices shall become effective immediately.

14. GOVERNING LAW

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees. In the event of any controversy or dispute between VDP and you arising out of or in connection with your use of the VDP Website or any of the VDP services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

15. FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. VDP shall be free to use such information on an unrestricted basis.

FL Residents

Special Notice to Florida Residents Pursuant to Fla. Stat. §668.50, please note that (a) VDP is located in Key Biscayne, FL, (b) the fees and charges for VDP Services vary depending on the services selected by you, and (c) if you have a complaint regarding VDP Services or desire further information on use of VDP Services, visit the VDP customer support web pages at https://www.vindata.com. For complaints, you may also contact the Florida Department of Agriculture and Consumer Services online at www.800helpfla.com or by phone at 1-800-HELP-FLA. Additionally, you may file a complaint with the Attorney General’s Office online at www.myfloridalegal.com or by phone at 1-866-9-NO-SCAM. You may also wish to file a complaint with the Federal Trade Commission online using their complaint assistant portal at ReportFraud.ftc.gov as well as with the Better Business Bureau at www.bbb.org.

16. Submissions

Any content, data, search queries, or other information communicated to the Website Operator through this Website (together, the "Submission") which you post or submit to the Website is considered to be non-confidential and public. You hereby grant to the Website Operator the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions alone or as part of other works (including, without limitation, for products or advertising) in any form, media, or technology whether now known or hereafter developed, without incurring any liability for royalties or any other consideration of any kind, and to sublicense such rights through multiple tiers of sublicensees. You agree that the Website Operator shall not be liable as a result of any similarities that may appear between Submissions and future Website Operator operations and/or content.

You agree that all Submissions provided on this Website are the sole responsibility of the person or entity from which the Submission originated, and that you are responsible for each Submission that you post on this Website. You are exclusively responsible for the accuracy of all Submissions you post or submit to the Website, including the accuracy of information provided about your vehicle. If you believe information in your Submission is incorrect or you have concerns with the Website Operator's services regarding your Submission, you must notify us immediately.

Questions about these Terms of Use should be directed to the following address via certified mail:

VIN Data Products LLC
571 Glenridge Rd.
Key Biscayne, FL 33149