Terms Of Use

Terms of Use for Vin Data:

IMPORTANT: THESE TERMS OF USE FOR ACCESS TO OR USE OF ANY SERVICES PROVIDED BY The Vin Data (“TERMS OF USE”) ARE AN AGREEMENT BETWEEN The Vin Data , INC. (“Thevindata”) AND YOU (“you” or “your”) FOR THE CREATION OF A The Vin Data  ACCOUNT AND/OR ACCESS TO OR USE OF THE The Vin Data WEB SITE, THE The vindata WEB SITE AND/OR MOBILE DEVICE APPLICATION(S) FOR The Vin Data  AND/OR The Vin Data(COLLECTIVELY, THE “SITE”) AND/OR THE CONTENT THEREIN WHETHER OR NOT YOU CREATE A The Vin Data ACCOUNT.

BY VISITING THE SITE, OR ANY PAGE OF THE SITE, AND/OR BY USING ANY The Vin Data SERVICE (AS DEFINED BELOW) YOU DEMONSTRATE THAT (I) YOU HAVE READ THESE TERMS OF USE, (II) YOU UNDERSTAND THEM AND (III) YOU AGREE AND ACKNOWLEDGE THAT THESE TERMS OF USE CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND The Vin Data AND YOU WILL COMPLY WITH AND BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU CREATE A The Vin Data ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU MAY NOT CREATE A The Vin Data ACCOUNT OR ACCESS OR USE ANY SITE OR ANY PART OF THE The Vin Data SERVICE(S).

Vin Data RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY STATEMENT PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF ANY SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

General:

(a) The Services. Services consist of the Site, any content on the Site and/or all products and services offered by The Vin Data , including without limitation, the Vin Data Service, the used car listings, the vehicle history reports (and excerpts thereof), sell my car and/or any comments, ratings, reviews and/or other content or materials submitted by you or other users on or through the Site (collectively, “Submissions”) regardless of the manner, form, or medium in which the content is delivered to you, stored by you or delivered by you. All Services are owned and operated by The Vin Data . Thev Vin Data has the right at any time to change or discontinue any aspect or feature of any Service, including, without limitation, the content and availability of the Service or the equipment required to access or use the Service. Please review The Vin Data Privacy Statement (available at, http://www.Thevindata.com/privacyStatement.cfx), which applies to the information collected by The Vin Data during your visit and use of any Service, to get a better understanding of The Vin Data policies and procedures regarding the collection and use of personal information.
(b) The Account. You may be required to create an account in order to use some features of the Site or the Services. To create a The Vin Data account, you must use a valid email address registered to you. You may not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with The Vin Data when you register. You may not use the terms The Vin Data or any derivatives of such terms as part of your screen name or username. Except as specifically set forth in Section 19, communications between The Vin Data and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and The Vin Data electronically shall satisfy any legal requirements that such communications be in writing. By creating an account, you represent and warrant to The Vin Data that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform the obligations under these Terms of Use, (ii) you own the vehicles for which you are using the The Vin Data Service and (iii) all information provided by you to The Vin Data through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality of any password you use to access your account.

BY VISITING THE SITE, OR ANY PAGE OF THE SITE, AND/OR BY USING ANY The Vin Data SERVICE (AS DEFINED BELOW) YOU DEMONSTRATE THAT (I) YOU HAVE READ THESE TERMS OF USE, (II) YOU UNDERSTAND THEM AND (III) YOU AGREE AND ACKNOWLEDGE THAT THESE TERMS OF USE CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND The Vin Data AND YOU WILL COMPLY WITH AND BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU CREATE A The Vin Data ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU MAY NOT CREATE A The Vin Data ACCOUNT OR ACCESS OR USE ANY SITE OR ANY PART OF THE The Vin Data SERVICE(S).

The Vin Data RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY STATEMENT PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF ANY SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

(a) The Services. Services consist of the Site, any content on the Site and/or all products and services offered by The Vin Data , including without limitation, the The Vin Data Service, the used car listings, the vehicle history reports (and excerpts thereof), sell my car and/or any comments, ratings, reviews and/or other content or materials submitted by you or other users on or through the Site (collectively, “Submissions”) regardless of the manner, form, or medium in which the content is delivered to you, stored by you or delivered by you. All Services are owned and operated by The Vin Data . The Vin Data has the right at any time to change or discontinue any aspect or feature of any Service, including, without limitation, the content and availability of the Service or the equipment required to access or use the Service. Please review The Vin Data Privacy Statement (available at, http://www.Thevindata.com/privacyStatement.cfx), which applies to the information collected by The Vin Data during your visit and use of any Service, to get a better understanding of The Vin Data policies and procedures regarding the collection and use of personal information.

(b) The Account. You may be required to create an account in order to use some features of the Site or the Services. To create a The Vin Data account, you must use a valid email address registered to you. You may not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with The Vin Data when you register. You may not use the terms The Vin Data or any derivatives of such terms as part of your screen name or username. Except as specifically set forth in Section 19, communications between The Vin Data and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and The Vin Data electronically shall satisfy any legal requirements that such communications be in writing. By creating an account, you represent and warrant to The Vin Data that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform the obligations under these Terms of Use, (ii) you own the vehicles for which you are using the The Vin Data Service and (iii) all information provided by you to The Vin Data through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality of any password you use to access your account.

The Vin Data Service:

(a) Description. The  Vin Data Service is a personal vehicle information management service that allows you to consolidate and track information about your vehicles. The  Service may provide you with alerts about safety recalls, warranty information, email reminders about recommended service, access to service history on your vehicles, and other vehicle service-related information.  The Vin Data Service may also provide information to you relating to third party products or services, such as coupons, discounts and special offers (“Third Party Offers”). The The Vin Data Service is intended to help you organize and manage information about your vehicles. It is not intended to provide legal, tax or financial advice.
(b) Right to Access and Use the The Vin Data Service. You are hereby granted a limited, revocable, non-exclusive and non-transferable license to access and use the The Vin Data Service in the United States solely for your personal use and only in accordance with these Terms of Use.

(c) Recall Information. The Vin Data receives information regarding vehicle safety and emissions recalls from most manufacturers of vehicles sold in the United States. While each manufacturer provides data updates to The Vin Data on a regular basis, some recalls may not have been reported to The Vin Data .

Toyota Recall: Toyota Motor Sales, USA, Inc. provides The Vin Data with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to The Vin Data on a regular basis, this report may not include very recent activity. For the most current information on recall activity for any Toyota vehicle, go to http://Research-Toyota_m33.com/recall.

Scion Recall: Toyota Motor Sales, USA, Inc. provides The Vin Data with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to The Vin Data on a regular basis, this report may not include very recent activity. For the most current information on recall activity for any Scion vehicle, go to http://Research-Toyota_m33.com/recall.

Lexus Recall: Toyota Motor Sales, USA, Inc. provides The Vin Data with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to The Vin Data on a regular basis, this report may not include very recent activity. For the most current information on recall activity for any Lexus vehicle, go to http://Research-Lexus_m19.com/recall.

Used Vehicle Listings. The Vin Data offers The Vin Data Used Car Listings as an online used vehicle listing service. The Vin Data is never a party to any transaction between buyers and sellers and does not (a) guarantee or ensure the availability of any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer title, or (c) warehouse, store, ship or deliver any vehicles. Sellers may include information about specific vehicles, special offers, incentives, or pricing. The Vin Data is not responsible for and does not verify or warrant the accuracy or completeness of the information provided by sellers and the information may contain errors or omissions. Users of the Site should contact sellers for information regarding specific vehicles. NEITHER The Vin Data , ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS (collectively, The Vin Data Parties”) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE LISTED ON THE SITE. The Vin Data may, but has no obligation to, correct any error or omission on the Site. All vehicles are subject to prior sale. Buyer must address all concerns, discrepancies and/or potential issues with the seller prior to the sale of the vehicle.

Sell My Car. The Vin Data offers the Sell My Car feature to allow users to connect with dealers who may wish to purchase such user’s used vehicle. The Vin Data is not a party to any transaction between buyers and sellers and does not guarantee that buyer will offer any specific price to the seller. The Vin Data is not responsible for and does not verify or warrant the accuracy or completeness of any information provided by buyer or seller. Seller may be required to present the documents required by buyer in order to receive a written offer from buyer. If seller accepts a buyer’s offer to purchase, buyer may first pay off any outstanding lien amount on the seller’s vehicle and seller may receive only the amount by which the amount offered by buyer exceeds the amount of any lien on the seller’s vehicle, if any.

Restrictions on Access and Use. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Service(s) or any content therein, in whole or in part; provided, that you may use the “share” feature that The Vin Data may make available on any Service to share a link to such Service (i) on your Facebook, Twitter or Google Plus page, or (ii) with e-mail recipients. Except as otherwise expressly permitted under these Terms of Use or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Services will be permitted without the express written permission of The Vin Data or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site and/or any Service. YOU MAY NOT MAKE USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY CONTENT OR INFORMATION FROM ANY SERVICES. The Vin Data offers you access to the Service(s) solely for your own personal and non-commercial use. You may not resell or make any commercial use of any Service(s). You SHALL NOT (i) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of any Service, or create derivative works thereof; (ii) allow unauthorized parties to view, access or use any Service; (iii) sell, assign, rent, transfer, distribute, act as a service bureau, sublicense or otherwise grant rights in any Services to any other person or entity; (iv) engage in the practice of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of vehicles, portions of a database or other lists or information in or from any Services; (v) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of any The Vin Data  Parties without prior express written consent; (vi) use meta tags or any other “hidden text” utilizing The Vin Data Parties’ name or trademarks without the express written consent of The Vin Data ; (vii) use, or allow the use of, any Services in contravention of these Terms of Use or any federal, state, local, foreign or other applicable laws, rules or regulations; (viii) introduce into any Service any virus or other code or routine intended to disrupt, delete, damage or alter the Service. Systematic retrieval or use of the Service or any data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of The Vin Data is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Service or interfere with any other person’s use and enjoyment of the Site or any Service.

The foregoing provisions of this Section are for the benefit of The Vin Data and the The Vin Data Parties, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Illegal and/or unauthorized uses of any Service, including, without limitation, any activities or use of any Service that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms of Use, (ii) the rights of The Vin Data , any affiliate or licensor, or any other third party, or (iii) any law or regulation, may be investigated. The Vin Data may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations without the requirement that The Vin Data post a bond.

Trademarks and Patents:

All trademarks and service marks of Vin Data  and its affiliates displayed in connection with any Service are subject to state, federal, and/or international trademark protection. Unless expressly authorized by Vin Data , you may not use any trademarks or service marks that you access through any Service with any product or service that is not provided by Vin Data , or in any manner that is likely to cause confusion among customers, or that might disparage or discredit Vin Data and its affiliates. All other trademarks appearing in the Services are the property of their respective owners, including third-party providers of products and services with links to and from the Services.

No Modification of Services:

You shall not modify any Service (including, without limitation, the Site) except that you may input and save information related to your vehicle(s) as permitted by The Vin Data . In the event any modification or improvement to any Service or the Site is developed by you or on your behalf, contrary to these Terms of Use, you agree to and hereby do assign to The Vin Data  all Intellectual Property relating to such modification or improvement and you further agree to execute all documents and undertake all reasonable actions as The Vin Data  requests in order to procure, perfect, maintain or otherwise vest ownership of such Intellectual Property in The Vin Data .

Submissions by you:

You may provide Submissions through the Site so long as the Submission is not illegal or in violation of any applicable laws or regulations (including, without limitation, any vehicle advertising laws), obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You are solely responsible for all your Submissions to the Site. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission.

Unless we indicate otherwise, (a) you grant The Vin Data and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submission throughout the world in any media, now known or hereafter devised; (b) grant Th Vin Data and its affiliates and sublicensees the right to use the name that you submit in connection with your Submission, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the information that you post or otherwise distribute through the Submission, or you otherwise have the lawful right to post and distribute such information to or through any Service; (ii) such Submission is accurate and not misleading; and (iii) use and posting or other transmission of such Submission does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant The Vin Data the right to pursue at law any person or entity that violates your or Vin Data rights in the Submission by a breach of these Terms of Use. The Vin Data has the right but not the obligation to monitor and edit or remove any Submission. You assume all risks associated with use of any of your Submissions, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information that makes you personally identifiable. You may not imply that your Submissions is in any way sponsored or endorsed by The Vin Data .

You understand and agree that if your Submission contains any ratings or reviews, the dealer, service shop or other entity that you rate or review may respond to your ratings or review, and The Vin Data does not control, nor has any obligation to review, delete or edit, such response submitted by the third party dealer, service shop or other entity. The Vin Data takes no responsibility and assumes no liability for any Submission posted, stored or uploaded by you or any third party or any response thereto, or for any loss or damage thereto or caused thereby, nor is The Vin Data liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Services are provided “AS IS” and “AS AVAILABLE”. The Vin Data does not guarantee the accuracy, integrity, or quality of any ratings, reviews or any other content (user generated or otherwise) on the Site. Under no circumstances will Vin Data be liable in any way for any such content, including, but not limited to, any errors or omissions in any ratings, reviews or any other content, or any loss or damage of any kind incurred as a result of the use of or any Submissions or other content. The Vin Data DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE. As a provider of interactive services, The Vin Data is not liable for any statements, representations or information provided by its users in any public forum or the Site. Although The Vin Data has no obligation to screen, edit or monitor any of the information posted to or distributed through the Site, The Vin Data reserves the right, and has absolute discretion, to remove, screen or edit without notice any information posted or stored on the Site at any time and for any reason.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect The Vin Data systems and customers, or to ensure the integrity and operation of The Vin Data business and systems or for any other purpose that The Vin Data deems appropriate, The Vin Data may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP address and traffic information, usage history, and posted information.

Any information or content expressed or made available by third parties, including other participants on the Site, are those of the respective author(s) or distributor(s) and not of The vindata. The inclusion of such information or content does not imply endorsement of content or information by The Vin Data or any association with the provider of the content or information.

Third Party Content or Offers:

The Vin Data does not endorse, warrant or guarantee the products or services available through the Third Party Offers (or any other third-party products or services advertised on or linked from any Services). Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of The Vin Data The Services may include links to third party web sites, but The Vin Data does not control or assume any responsibility for such web sites. The Vin Data does not endorse, and the inclusion of a link does not imply The Vin Data endorsement of such web sites. Any concerns regarding any such third party service or resource, or any link thereto, should be directed to the particular service or resource. In addition, The Vin Data recommends that you review these sites’ terms of use and privacy policies.

Information Collected by The Vin Data:

The Vin Data will collect all information that you provide through Submissions or otherwise provide to The Vin Data , including without limitation, the registration information and/or user profile information. The Vin Data may collect usage information, such as information regarding the number times you have visited the Site, date last visited, number of Submissions, number of tags, “likes” received, name and location, a listing of all of your Submissions and any other activity or interactions by you on the Site (collectively, “Usage Information”).

Information Publicly Available on the Site:

The Vin Data may make available any and all Submissions that you post or upload to any Service, as well as any and all Usage Information.

No Advice:

The Services may include tools and information that assist you in evaluating data and making decisions regarding your vehicles. The Vin Data strongly recommends that you use the Services as one important tool, along with your independent research and investigation, to make a better decision about your vehicles. You assume full responsibility with respect to your decisions and transactions using the Services.

Disclaimer:

You expressly agree that use of the Services is at your sole risk. The Vin Data shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other content provided on the Site. None of the The Vin Data Parties warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy or reliability of any information, service, or materials provided through the Services. You understand and agree that any alerts provided to you through any Services may be delayed or prevented by a variety of factors. None of the The Vin Data Parties guarantee the delivery or accuracy of the content of any alert. You also agree that none of the The Vin Data Parties shall be liable.

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