TrustVIN Dealer Terms of Use

These Terms of Use together with the NMVTIS Disclaimer govern the terms of your access and use of the TrustVIN website https://www.trustvin.com and the Services offered on the Website, and constitute your legal agreement with us.

You should read these Terms carefully before you use the Website and the Services.

BY CLICKING “I AGREE” BUTTON OR BY USING THE SERVICES AND/OR THE WEBSITE, YOU AGREE TO THESE TERMS OF USE.

When you are accepting these Terms on behalf of your employer or another company or organization, you represent and warrant that you have full authority to act for and to bind that legal entity to these Terms; the terms "you" and "your" will refer to that legal entity.

1. DEFINITIONS

- “Terms”, “Terms of Use” means these TrustVIN Dealer Terms of Use.
- “We”, “us”, “TrustVIN” means TrustVIN Inc., the owner of the Website and provider of the Services.
- “User”, “you” means a business entity using the Website or the Services.
- “Website” means the website accessible at https://www.trustvin.com, including programming code, related technologies, know-hows, databases and design.
- “NMVTIS” means the National Motor Vehicle Title Information System.
- “Service”, “Services” means provided through the Website paid online access to VIN Reports.
- “VIN Report” a matching record in the NMVTIS, returned by the application programming interface from searching a specific Vehicle Identification Number (VIN) and other historical or usage data in regard to a particular motor vehicle, presented in electronic form.

2. REGISTRATION

You have to register and be logged in in order to use the Services.

Upon registration you will be asked to enter your email address, business name, the first and last name of your representative, your website address, your business address, number of required VIN Reports per month and your payment details.

Your email address will become your username (login). We will send you the password to your email address in a registration confirmation email. You are responsible for safeguarding your password and you agree not to disclose your password to any third party.

You agree that you will be solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username and password.

You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You may not use false identities or impersonate any other person or use a username that you are not authorized to use.

3. USE OF WEBSITE AND SERVICES

VIN Reports. We do not own information contained in VIN Reports. VIN Reports are compiled solely from the information and datasets received and processed by TrustVIN as of the date of the report, as provided by third-party data suppliers and data sources, including NMVTIS.

NMVTIS requires us to make you aware of the following disclaimer:

- some state data pertaining to a VIN may not be contained in or available through NMVTIS,
- some state data is provided to NMVTIS via a daily, weekly or monthly format and therefore may not be current,
- some reporting entities having data pertaining to a VIN may have failed to provide such data for incorporation in NMVTIS and
- the American Association of Motor Vehicle Administrators (an organization that maintains NMVTIS) has no control over the accuracy or completeness of data contained in NMVTIS and shall not have any liability to us, you or any third party concerning the quality, completeness or accuracy of NMVTIS data.

We certify that the data in VIN Reports containing NMVTIS data is obtained from VinAudit.com, Inc., an approved NMVTIS data provider.

Neither NMVTIS, nor VinAudit.com, Inc., nor we verify, test, audit, approve or otherwise review the motor vehicle information or data included in VIN Reports.

VIN Report is only one of many important factors to consider when making an informed decision in regard to a motor vehicle. In addition to the VIN Report, a vehicle inspection, test drive and review of other maintenance records are important steps to making an informed motor vehicle decision.

Expiration of VIN Report. Each VIN Report expires in 90 days following the date on which the report was first generated.

At the end of such 90 day period referenced above the expired VIN Report will be deleted from your account. You will be able to purchase a new VIN Report in regard to the same motor vehicle once the old one has expired.

The VIN Report may be retained by you up to 90 days in form of a PDF file provided by us. The PDF version of the VIN Report shall be for your use only. At the end of such 90 day period you must delete or destroy all digital and paper copies of the PDFs referenced above.

Permitted and Prohibited Use. Subject to your compliance with these Terms, you may purchase VIN Reports and otherwise access and use the Services only for for your own internal business purposes.

You may not reproduce, license, duplicate, copy, re-distribute, resell, provide and otherwise allow the access to other person or entity, or exploit for any purposes VIN Reports, data contained in VIN Reports or any portion or results thereof.

The Website and the Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website and the Services.

Restrictions and User Obligations. You agree that you will not do any of the following while using or accessing the Website or the Services:

Remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or the Services;

- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website, or the Services or any part thereof;

- Use the Website or the Services or a part thereof in a commercial manner;

- Circumvent, disable or otherwise interfere with security related features of the Website or the Services;

- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or the Services to send altered, deceptive or false source-identifying information;

- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website or through the Services, servers or networks connected to the Website or the Services or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the Services;

- Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the Website or the Services;

- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or the Services;

- Attempt to scrape, parse, access, search or meta-search the Website or the Services with any engine, software, tool, bot, script, spider, agent, device or mechanism other than search tools provided by us, including without limitation any software that sends queries to the Website or the Services;

- Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud;

- Use the Website or the Services in any manner not permitted by these Terms; or

- Encourage or instruct any other person to do any of the foregoing or to violate these Terms.

4. BILLING AND PAYMENT

Month-to-Month Subscription. By accepting these Terms and placing your order you will subscribe to the Services on a monthly basis. Minimum subscription is 30 VIN Reports per month. Your subscription will automatically renew at the end of the monthly billing cycle unless you provides us with written notice of non-renewal before the end of the monthly billing cycle. You will be automatically charged the applicable monthly subscription fee for each monthly billing cycle as long as your subscription is in effect.

If your run out of the pe-paid VIN Reports included in your monthly subscription you will be able to order VIN Reports on pay-as-you go basis (currently $2.00 per report), in which case your card will be charged each time you make a purchase.

The amount of VIN Reports unused in a particular monthly billing cycle will be carried forward to the next month(s).

Subscription Changes and Cancellation. You may change the number of VIN Reports in your subscription by contacting us at info@trustvin.com. The changes will become effective starting the next billing period. You have the right to cancel your subscription at any time, for any reason. If you choose to cancel your subscription, you will not be charged for any billing period beyond the one in which you canceled.

Payment Methods. Payments for the Services are made by credit or debit card. All payments will be made prior to or at the time of ordering the Services. Please note that when you make payments, the transaction is re-directed from the Website to the website of a third-party payment provider, and your financial information is not shared with us. We are not responsible for the processing of payments and shall not be liable for any matter in connection therewith.

When conducting payments, you must provide true, accurate, and complete information about yourself and provide non-fraudulent means of payment. If you provide any business, personal or financial information that is untrue, inaccurate, or incomplete, or we or the payment provider has reasonable grounds to suspect is untrue, inaccurate, or incomplete, we or the payment provider has the right to void related financial transactions and to suspend or terminate any associated Services resulting from such transactions.

In the event that you cancel the payment card provided to us to pay for the Services or the card expires or is otherwise terminated, you must promptly provide us with a new valid card number in order to maintain your subscription to the Services and avoid any disruptions to its renewal. You authorize us, from time-to-time, to undertake steps to determine whether the card number provided to us is a valid card number.

Refunds. All amounts paid are non-refundable and non-transferable, and no refunds or other compensation will be given for unused balances.

In exceptional circumstances a refund may be approved by our service team, provided you have shown evidence that the case merits the refund.

We reserve the right to refuse any refund request for reasons including but not limited to the following:

- You have changed your mind about the Services,
- You ordered the Services by mistake,
- You made a wrong decision,
- You do not have sufficient time or expertise to use the Services,
- You ask for goodwill,
- You have not provided us with detailed information about the problem you experience with the Services, which prevents us from investigating the situation,
- You are in breach of these Terms, or
- If we reasonably suspect that you are using the Services fraudulently or that your account is being used by a third party fraudulently.

When claiming a refund you accept full responsibility for confirming that all the information you have provided to us is true and complete.

When a refund has been assessed by us as due we will refund for unused balances only, no refunds for used Services provided by us in good faith will be made.

Late Payments. We reserve the right to suspend, terminate or disable your access to any of the Services in the event that any fees owed to us are not received on or before the applicable payment due date.

Taxes and Charges. You agree to be responsible for and to pay any applicable sales, withholding or any other applicable taxes that may be imposed, based on these Terms, or the use of the Services, and any applicable fees or surcharges that may occur regarding the transaction. An applicable sales tax may be assessed based on your billing zip code.

Billing Information. You will be able to access your payment details and invoices by logging into your account. You will be able to track your billing information, including information about charges. This is the only billing statement that we provide.

Pricing Changes. We reserve the right to update our pricing and/or discontinue or modify any promotional offers at our sole discretion. We reserve the right to change the cost of the Services at any time. We may repackage the Services or change the subscription fees from time to time in our sole discretion.

5. INTELLECTUAL PROPERTY

Website Ownership. We own all right, title and interest, including all worldwide intellectual property rights in the Website and its content and the trademarks, service marks and logos contained therein.

Your Feedback. If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Website or the Services, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.

Promotional Materials. You grant us the right to mention you as our customer in promotional materials or at our websites. You can terminate this license at any time sending an email request to info@trustvin.com.

6. DISCLAIMER OF WARRANTIES

Your use of the Website or the Services and any other information made available through the Website or the Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.

The Website and the Services, and all materials, data, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, THE SERVICES AND THE VIN REPORTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, SATISFACTION OF YOUR REQUIREMENTS, DATA ACCURACY OR ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.

We disclaim any warranties:

- Regarding the security, accuracy, reliability, timeliness and performance of the Website or the Services;
- That the Website or the Services will be error-free or that any errors will be corrected; and
- That the Services will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.

ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE MOTOR VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THE WEBSITE, OR TRANSMITTED TO YOU AS THE RESULT OF THE SERVICES OR AS A PART OF THE VIN REPORT. WE GIVE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CONDITION, SAFETY, MARKETABILITY, MERCHANTABILITY, QUALITY, OWNERSHIP HISTORY, OR ACCIDENT HISTORY OF ANY MOTOR VEHICLE AND DO NOT ENDORSE, CERTIFY, AUTHORIZE, OR AUTHENTICATE ANY MOTOR VEHICLE OR ANY MOTOR VEHICLE OWNERSHIP OR REGISTRATION INFORMATION PROVIDED TO YOU THROUGH THE SERVICES. 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 VEHICLE.

The use of the Website or the Services, including but not limited to the downloading or other acquisition of any materials 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.

No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms.

Compatibility. We do not warrant that Website and the Services will be compatible with all hardware and software which you may use or which may exist or will exist in the future.

Third Parties Software and Content. We are not responsible for the availability, performance, functionality or any consequences of your use of any third parties’ components, software and modules built into or otherwise integrated and available through the Website.

7. SUPPORT

You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or the Services. However, subject to the other provisions of these Terms we will attempt to help you with any queries or problems that you may have with the Website or the Services. To reach our customer support team, please e-mail us at info@trustvin.com. Providing our representatives with all the information they need to solve your problem will expedite your request for assistance.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNT OF SERVICE FEES ACTUALLY RECEIVED BY US FROM YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold TrustVIN, its shareholders, subsidiaries, affiliates, customers, vendors, and their respective shareholders, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

- Your access to or use of the Website or the Services;
- Your violation of these Terms; and
- Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

10. MODIFICATIONS

We reserve the right, at our sole discretion:

- To modify or revise these Terms at any time by posting the amended Terms on the Website;
- To make changes, update or discontinue the Website or the Services or any format, feature or functionality thereof at any time with or without notifying you; and
- To terminate or restrict access to the Website or the Services for any reason whatsoever.

Your continued use of the Website or the Services after a change or update has been made will constitute your acceptance to the revised Terms of Use. If you do not agree with the modifications, please discontinue use of the Website and the Services immediately.

These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.

11. TERMINATION AND ACCOUNT CANCELLATION

You may terminate these Terms at any time by ceasing to use the Website and the Services.

Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website and the Services at any time if:

- You violate any term of these Terms of Use;
- You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization;
- You engaged in other actions relating to or in the course of using the Website or the Services that may be illegal or cause liability, harm, abuse or disruption for you, other Users, us, any other third parties or for the Website and the Services;
- It is required by law; and/or
- We cease offering the Services and/or discontinued the Website.

Notwithstanding the foregoing, we also reserve the right to terminate the Website and the Services or cancel your account at any time without cause.

Upon termination of these Terms all licenses and rights to use the Website and the Services shall immediately terminate; and you will immediately cease any and all use of the Website and the Services.

Upon any termination your account will no longer be accessible. We will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party

Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, any payment obligation which has accrued as of the date of termination, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.

12. JURISDICTION

Choice of Law. You agree that the laws of the Commonwealth of Massachusetts govern these Terms of Use, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules.

Location for Resolving Disputes. You further agree that any disputes or claims related to these Terms of Use will be resolved by federal or state courts located in the Commonwealth of Massachusetts and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS, YOU ARE:

- WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
- IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE FEDERAL OR STATE COURTS LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND
- SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

13. GENERAL

Force Majeure. We will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure at our co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues.

No Agency. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Services.

Government Use. Nothing in these Terms makes us a government contractor. If you are a government user or otherwise accessing or using the Services in a government capacity, please contact us at info@trustvin.com prior to entering these Terms.

Right to Contact. We reserve the right to contact Users in order to evaluate compliance with the rules and policies in these Terms. For purposes of service messages and notices about the Website or the Services, including promotional communication, we may email you such notices to an email address associated with your account.

Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:

- Via email (to the address that you provide during registration), or
- By posting to the Website

Consent to Receive Communications in Electronic Form. For contractual purposes, you:

- Consent to receive communications from us in an electronic form via the email address you have submitted; and
- Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

No Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.

We may assign these Terms or any rights hereunder without your consent.

No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.

Severability and Integration. These Terms of Use constitutes the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms 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.

NMVTIS CONSUMER ACCESS 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”.

Before making a decision to purchase a vehicle, consumers may wish to obtain an independent vehicle inspection, a NMVTIS Vehicle History.

Report, and consult other available vehicle information resources.

The information in NMVTIS includes:

- 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.
- 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.