instaVIN® TERMS OF SERVICE
Revised December 6, 2017
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MOBILETRAC, LLC. ("MT") STATING THE TERMS THAT GOVERN YOUR USE OF MT PRODUCTS AND SERVICES (COLLECTIVELY THE "SERVICE" OR "SERVICES "). THESE ARE THE “TERMS OF SERVICE” OR THE "AGREEMENT" BETWEEN YOU AND MT. DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS.
Special Notice to California Residents Pursuant to Cal. Civil Code § 1789.3, please note that (a) MT is located in San Diego, CA, (b) The fees and charges for Services vary depending on the Services selected by you, and (c) If you have a complaint regarding Services or desire further information on use of Services, visit the MT customer support web pages at
www.instavin.com For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254 or (800) 952-5210.
- DESCRIPTION OF INSTAVIN® SERVICE. The instaVIN® Vehicle History Report Service provides real-time Salvage and VIN Checks and Full Vehicle History and Title Reports. instaVIN® Vehicle History Reports include Title and Brand data for automobiles, motorcycles, recreational vehicles (RVs) and pre 1981 classic cars from the National Motor Vehicle Title Information System (NMVTIS). Please submit all questions regarding the Services to us, even if you purchased Services through a reseller or affiliate. You have the option to obtain the full vehicle history record from the current and/or historical states of title.
- AGE REQUIREMENTS FOR USE OF SERVICE. The Services are available for individuals aged 18 years or older. If you are under the age of 18, you must review these terms and conditions with your parent or guardian and by using the Services, you and they agree to this Agreement.
- SOFTWARE AND HARDWARE REQUIREMENTS. Use of the Services requires hardware to access the Internet, Internet access and other applicable software, updates or upgrades, all of which you agree may change from time to time, may affect the performance of the Services and are your sole responsibility.
- USE RESTRICTIONS. The right to use the Services provided to you is non-exclusive, limited to the term, non-transferrable, revocable and is solely for your internal business use. We own and reserve all right, title, and interest in and to the Services. You may not or attempt to: (i) license, sell, lease or otherwise make the Services, or any like services, including any data derived from the Services available to non-subscribers, store or use the data in any format or merge or incorporate data in any database; (ii) use the Services in a way that violates any law, regulation or mandate, or this Agreement; or (iii) take any action that jeopardizes our (or our licensors and suppliers) confidential or proprietary information, or acquire any right in the Services or in anything else we provide to you; or (iv) alter, create derivative works of, edit, modify or revise, reverse engineer or compile, decompile, disassemble or otherwise attempt to reconstruct or discover any of the Services, data, source code or algorithms.
- USER ACCOUNTS. Use of the Services requires registration of an "Account". Each Account is limited per unique individual person and transfer or assignment is not permitted. The information you provide related to your Account must be accurate and up to date.
- NON-DIGITAL INQUIRY. You may obtain a physical copy of a Vehicle History Report by submitting a written request to CUSTOMER SERVICE – instaVIN, 10755 Scripps Poway Parkway #703, San Diego, CA 92131. Written requests should include a check for $8.99 per report. Be sure to include a valid VIN, your return mailing address, an email and a valid phone number. Valid report requests will be returned via U.S. Postal Service. You may also order by contacting Customer Service directly at 858.454.6782.
- UPDATES AND MAINTENANCE. We may provide updates, bug fixes and maintenance to the Services which may require us to restrict, limit, suspend, interfere or interrupt the Services from time to time.
- SUSPENSION AND TERMINATION. You or we may terminate this Agreement at any time for any reason. If you cancel your Account but have pre-paid, you will have access until your subscription expires. If we reasonably believe you are in breach of this Agreement, we may suspend or terminate your access to any applicable Account immediately. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Services.
- FEES. Pricing and availability of Services are subject to change at any time. You must have an Account and pay the subscription or other fees to use any of the Services. If your use of Services is subject to use or sales tax, then we may also charge you for any such taxes, in addition to the subscription or other fees. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription in writing. You agree that we are authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription in writing. When you provide credit card or other payment information to us, you represent to us that you are the authorized user of the credit card or other payment method and will pay any charges associated with such credit card including fees and fines. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information and to promptly notify us if your credit card expires or is canceled. If you use other payment methods, you may incur an additional payment processing fee and may not be able to automatically renew subscriptions. You are responsible for all charges made on your Account. We may suspend or terminate Services if your payment is past due. You must then pay all past due amounts to have Services restored, and you may also, at our sole discretion, be required to pay a Service restoral fee. We may assign unpaid late balances to a collection agency and you agree to reimburse us for all expenses incurred to recover sums due, including collection fees, attorneys’ fees and other legal expenses.
- Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites which may charge separate fees and are not included in any fees that you may pay to us. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
- GENERAL COMPLIANCE WITH LAWS. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
- WE DO 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 WE 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 MT) 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. MT 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 VEHICLE OWNERSHIP OR REGISTRATION DOCUMENT PROVIDED TO YOU THROUGH ANY OF 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 MT, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, AFFILIATES, 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 THE SERVICES OR YOUR USE THEREOF EVEN IF MT 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 MT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
- INDEMNIFICATION. You shall indemnify, defend and hold harmless MT and its employees, officers, representatives, affiliates, services providers, suppliers, licensors and agents from and against any and all suits, actions, claims, losses, judgments, damages, liabilities, settlements, costs and expenses (including reasonable attorneys' fees) arising from or related to any claim, suit or proceeding as a result of (a) your use of the Services, (b) your breach of this Agreement; or (c) your failure to comply with any law or regulation applicable to your obligations or activities under this Agreement.
CHANGES. We reserve 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 Services following will be deemed to constitute your acceptance of all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. We reserve the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an Service, MT will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Terms of Service section of the MT website
www.instavin.com/terms-of-service . Your continued use of the Services thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.
- NOTICES. MT may send you notice with respect to the Services by posting it on our website, sending an email message to the email address listed in your Account contact information or by sending a letter via postal mail to the contact address listed in your Account contact information. Notices are effective immediately.
- 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 California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Diego County, California, and waive any objection to such jurisdiction or venue. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
- Miscellaneous. This Agreement constitutes the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us. If any part of this Agreement 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. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. 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. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
- Feedback and Information. Without limiting the confidentiality rights and intellectual property rights protections set forth in this Agreement, MobileTrac, LLC and its parent companies, affiliates and subsidiaries (“KAR Companies”) have the perpetual right to use aggregated, anonymized, and statistical data (“Statistical Data”) derived from the operation of the Software or use of the Service, and nothing herein shall be construed as prohibiting KAR Companies from utilizing the Statistical Data for business and/or operating purposes. Additionally, any feedback you provide at this site shall be deemed to be non-confidential and KAR Companies shall be free to use such information on an unrestricted basis.
Copyright © 2009- MobileTrac, LLC. All rights reserved.
NMVTIS CONSUMER ACCESS PRODUCT 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 vehicle 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 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 is 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 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.
vCAPDisclaimer, REV April 2015