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 a vehicle's repair history.
All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; while some states report and update NMVTIS data in "real-time" (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days.
Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a "total loss" or branded by a state titling agency. Conversely, an insurance carrier may be required to report a "total loss" even if the vehicle's titling-state has not determined the vehicle to be "salvage" or "junk."
A vehicle history report is NOT a substitute for an independent vehicle inspection. Before making a decision to purchase a vehicle, consumers are strongly encouraged to also obtain an independent vehicle inspection to ensure the vehicle does not have hidden damage. The Approved NMVTIS Data Providers (look for the NMVTIS logo) can include vehicle condition data from sources other than NMVTIS.
NMVTIS data INCLUDES (as available by those entities required to report to the System):
- Information from participating state motor vehicle titling agencies.
- Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and tractors. NMVTIS may not currently include commercial vehicles if those vehicles are not included in a state 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's title record.
- Information from insurance companies, and auto recyclers, including junk and salvage yards, that is required by law to be reported to the system, beginning March 31, 2009. This information will include if the vehicle was determined to be a "total loss" by an insurance carrier.
- Information from junk and salvage yards receiving a "cash for clunker" vehicle traded-in under the Consumer Assistance to Recycle and Save Act of 2009 (CARS) Program.
Consumers are advised to visit www.vehiclehistory.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.
June 21, 2012
instaVIN® TERMS OF SERVICE
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 MT Services vary depending on the Services selected by you, and (c) If you have a complaint regarding MT Services or desire further information on use of MT Services, visit MT’s 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. instaVIN™ specializes in access to critical data for automotive dealers and consumers involved in the purchase of used automobiles. instaVIN® vehicle history service provides real-time Salvage and VIN Checks and Full Vehicle History and Title Reports. instaVIN® Vehicle History Reports include Title and Brand data from the National Motor Vehicle Title Information System (NMVTIS). Through its partnership with NMVTIS, instaVIN® reports are available for automobiles, motorcycles, recreational vehicles (RV’s) and pre 1981 classic cars.
- AGE REQUIREMENTS FOR USE OF SERVICE. The Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
- SOFTWARE AND HARDWARE REQUIREMENTS. Use of the MT Service requires Internet access (fees may apply), certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involve hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. 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.
- WHAT YOU SHOULD AND SHOULD NOT EXPECT FROM MT.
These should be your expectations when you use MT Services:
- QUALITY AND DELIVERY. The MT network is built on the "best effort" principle. However please understand that MT provides no guarantee that the Services will always function without disruptions, delay, or other imperfections. Since the Services may be transmitted through public cellular FDMA, TDMA, CDMA, GSM, and AMPS 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. MT may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. MT 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.
- CONTENT OF COMMUNICATIONS. MT 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.
- GENERAL PRACTICES REGARDING USE AND STORAGE. You agree that MT 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. MT 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. MT takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does MT have any obligation to monitor such third-party content. MT 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. MT 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 MT, its users and the public. MT will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- WHAT MT EXPECTS FROM YOU.
By using MT Services, you accept and acknowledge that you will abide by the follow:
- MT Services require an account registration ("Account"). Account registrations are limited per unique individual person. Account transfer or assignment is generally not permitted, unless agreed to in writing by MT.
- MT 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 MT. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple Accounts per identification method only at MT's sole discretion. A single Account may be used by a single legal entity, such as an automobile dealership, at MT's sole discretion and subject to MT's requirements. Additional Accounts beyond the first Account per unique user may be subject to fees upon Account creation. You may not transfer your Account to any third party without the prior written consent of MT; notwithstanding the foregoing, MT will not unreasonably withhold consent to the transfer of an 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 MT.
- Accounts may be cancelled by you at any time. Upon your election to cancel, your Account will be cancelled within twenty-four (24) hours, but 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.
- MT has the right at any time for any reason or no reason to suspend or terminate your 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 MT suspends or terminates your 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 Account, or for anything else.
- Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.
- In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in MT's sole discretion), MT may suspend or terminate the Account associated with such breach and any or all other Accounts 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 MT 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.
- PAID SERVICES/AGREEMENT TO PAY.
- Right to Change Prices and Availability of Products. Prices and availability of any Services are subject to change at any time.
- MT Services require payment of a fee. You must have an Account and pay the subscription or other fees to use any of MT’s Services. For information about subscription and other fees for particular Services visit www.instavin.com.
- Changes to Paid Services. MT reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an MT 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/termsofservice. You are responsible for reviewing the MT Terms of Service to obtain timely notice of such changes. Your continued use of the MT 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 MT 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. If your use of MT Services is subject to use or sales tax, then MT may also charge you for any such taxes, in addition to the subscription or other fees.
- Payment Options. You may pay fees using the methods available for the particular MT Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by MT Service. Payments made by credit or debit card will appear as a transaction from instaVIN® on account statements. All credit and debit card transactions will appear as a 'pending' charge until the transaction is closed. It is your responsibility to maintain adequate fuding for any payment method amd charge until the transaction is closed, typically 3-5 business days from your order date. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription in writing. You agree that MT is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription in writing. Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit www.instavin.com. When you provide credit card or other payment information to MT, you represent to MT that you are the authorized user of the credit card or other payment method. You agree to promptly notify MT of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify MT if your credit card expires or is canceled for any reason.
- Responsibility for Account. AS THE ACCOUNT HOLDER, YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED, INCLUDING APPLICABLE TAXES, AND ALL PURCHASES MADE BY YOU OR ANYONE THAT USES YOUR ACCOUNT, INCLUDING YOUR FAMILY, FRIENDS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, OR ANY OTHER THIRD PARTY. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR ALL USAGE AND PURCHASES ON YOUR ACCOUNT, EVEN THOSE MADE UNLAWFULLY OR FRAUDULENTLY OR WITHOUT YOUR AUTHORIZATION. IN THE EVENT THAT YOUR CELLULAR, MOBILE, OR SATELLITE PHONE IS LOST OR STOLEN, YOU MUST IMMEDIATELY NOTIFY MT.
- Credit Card Billing. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize MT to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms of Service are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms of Service are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize MT and/or any other company who bills products or services, or acts as billing agent for MT from time to time to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide MT with updated credit card information upon MT’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither MT nor any MT affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at MT option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00. If the state law where you receive the Services requires a different fee, we will charge you that amount.
- Late Payment & Failure to Pay. MT may suspend or terminate Services if your payment is past due. If MT suspends your Service for non-payment, you must pay all past due amounts in order to have Service restored, and you may also, at MT’s sole discretion, be required to pay a Service restoral fee. In the event you fail to pay MT or MT is unable to bill charges to your credit card, MT may assign unpaid late balances to a collection agency. In the event legal action is required to recover unpaid amounts, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
- Trial Subscriptions. For some MT Services, MT may offer a free trial subscription. If you accept a free trial subscription, MT will begin to bill your Account for that MT Service when the free trial subscription expires, unless you cancel your subscription in writing before that time. You are always responsible for any Internet service provider, telephone, wireless, satellite and other connection fees that you may incur when using MT Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
- Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to MT. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
- No Resale of the Service. Unless expressly authorized in writing by MT, 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 MT’s response methods; or (c) access to the Services, including, but not limited to Account information.
- INTELLECTUAL PROPERTY RIGHTS. You acknowledge that MT owns all right, title and interest in and to the Services, including all intellectual property rights (the "MT Rights"). MT 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 MT 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 MT, nothing in the Terms of Service gives you a right to use any of MT’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 MT, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of MT 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, MT rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services.
MT claims no ownership or control over any content submitted, posted or displayed by you on or through MT 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 MT Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through MT Services which are intended to be available to the members of the public, you grant MT a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on MT Services for the purpose of displaying and distributing MT Services. MT 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.
- Termination of the Services. MT 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 MT will not be liable to you or to any third party should it exercise such rights.
- GENERAL COMPLIANCE WITH LAWS. The Services are controlled and operated by MT 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.
- ENFORCEMENT OF THESE TERMS. MT reserves the right to takes steps MT believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MT's 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's rights). You agree that MT has the right, without liability to you, to disclose any Account registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MT believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MT's 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's rights).
- 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, MT may provide links to certain third-party Web sites. You acknowledge and agree that MT is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. MT 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 MT is not in any way responsible for any such use by you.
- DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
- MT 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 MT 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 VECHICLE OWNERSHIP OR REGISTRATION DOCUMENT PROVIDED TO YOU THROUGH ANY OF MT 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, 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 MT WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE MT 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 MT 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 MT 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 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).
- MT 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 MT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- MT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MT 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 MT WEBSITE.
- WAIVER AND INDEMNITY. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD MT, 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 MT 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 MT, 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 MT'S 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.
- CHANGES. MT 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 MT 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.
- NOTICES. MT may send you notice with respect to the Services by sending an email message to the email address listed in your MT account contact information, by sending a letter via postal mail to the contact address listed in your MT Account contact information. Notices shall become 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 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 attorneys’ fees. In the event of any controversy or dispute between MT and you arising out of or in connection with your use of the MT Website or any of the MT 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.
- Miscellaneous. These Terms of Service constitute the entire agreement between you and MT and govern your use of the Service, superseding any prior agreements between you and MT. 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 Terms of Service 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. MT's failure to enforce any right or provisions in these Terms of Service 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. MT will not be responsible for failures to fulfill any obligations due to causes beyond its control.
- Feedback and Information. Any feedback you provide at this site shall be deemed to be non-confidential. MobileTrac shall be free to use such information on an unrestricted basis.
- Certified Pre-Owned DisclaimerAn instaVIN® Certified Pre-Owned vehicle classification includes a Vehicle History Report, Pre Purchase Inspection, and a 3 month/3,000 mile Limited Warranty.
Although these features add significant value in the purchase of a pre-owned vehicle, there is NO GUARANTY that the car is free from defects or that the Vehicle History Report and/or Pre Purchase Inspection identified all existing defects.
By purchasing any service or warranty from instaVIN® Certified Pre-Owned, you agree that your rights against instaVIN® Certified Pre-Owned and/or any of its affiliates are limited solely to the remedies specifically provided in the Limited Warranty and that you release instaVIN® Certified Pre-Owned, its affiliates, and third party vendors from any and all liability or damages whatsoever that you may incur related to any services provided by instaVIN® Certified Pre-Owned, its affiliates, or third party vendors and you agree that you will not assert any claims against instaVIN® Certified Pre-Owned, its affiliates, or third party vendors for any such liability or damages.
The information contained in this Website is subject to change without notice. Copyright © 2009-2012 MobileTrac, LLC. All rights reserved.
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- Updated by MobileTrac Legal Team on June 21, 2012.