Acknowledgement and Acceptance of Terms and Conditions

This agreement governs your use of the VINCheckup.com website and service. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the site.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENTS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We expressly reserve the right to change these Terms and Conditions from time to time without any notice. You acknowledge and agree that it is your responsibility to review this site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

Data Disclaimer

The content provided by VINCheckup.com is on an "as is, as available" basis. The title records, junk/salvage/insurance records, and reported vehicle brands listed in the "Problem Check" section is compiled from data in NMVTIS. The process of compiling the report through our connection with NMVTIS has been tested and approved by AAMVA. However, Vincheckup neither enters nor validates the data in NMVTIS, so Vincheckup does not guarantee the accuracy or completeness of the data presented.

The vehicle specifications presented are based on a decoding the VIN number (which statically identifies the vehicle's manufacturer and description). Hence, it will not reflect specific modifications made to this particular vehicle over the course of its existence. Furthermore, the accuracy of this decoding is not guaranteed.

Once again, by browsing and using this website and its content, you must agree to comply with and be bound by the Terms and Conditions, along with Privacy Policy stated above. Otherwise, please exit the site now.

Intellectual Property Information

By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents, other proprietary rights, and laws, and is the sole property of vincheckup.com and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control. Consequently, we assume no responsibilities for the accuracy, copyright compliance, legality or any other aspect of the sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. We suggest that that you carefully review terms of use and privacy policies on these sites.

Registration

You must be 18 years of age or older to purchase and use the Services. Any advertisements for the Services, regardless of source, are only intended for individuals who are 18 years of age or older. By purchasing or using the Services, you affirm that you are 18 years of age or older.

You agree to provide accurate, current, and complete information during the registration process ("Registration Information"). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account.

You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information or order numbers by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account..

Terms of Purchase

Payment of your Membership Fee must be made with either a valid credit or debit card ("Payment Information"). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use the Services.

Membership is on a non-recurring subscription basis (in other words, you pay only once). The duration of the subscription will depend on the subscription level you have purchased.

Dependent on the type of membership purchased our Premium Reports may not be included in your Membership Fee; if you request a Premium Report, additional fees may apply. Fees paid per Premium Report will be used to access third party data sources that may offer information otherwise not available. As with all reports, Data collected and offered within each report will vary based on availability.

You agree and understand that except as otherwise indicated, you will be charged for each Premium Report you order, regardless of whether such Premium Report yields any results, and regardless of whether such Premium Report or record therein contains incorrect information or no information at all.

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

NMVTIS Disclaimer

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 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 is obtained 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.

Account Information

Your account login information is emailed to you upon successful submission of the checkout page. You are solely responsible for maintaining the confidentiality of your password and account. You must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account with others.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Arbitration

Any dispute concerning the Services, the Data, or this Agreement will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys' fees, in addition to any other relief the party may obtain.

General Conditions

The failure of VinCheckUp to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and VinCheckUp, and governs your use of the Services, superseding any prior agreements between you and VinCheckUp (including, but not limited to, any prior versions of this Agreement).

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

If any part of this Agreement is held invalid or unenforceable, that portion will 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 will remain in full force and effect. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.