Terms and Conditions of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
The VehicleHistoryReport.com website (the "Website") is owned and operated by VehicleHistoryReport.com and its subsidiaries and affiliates (collectively "Website Operator," "we," or "us"). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions (the "Terms of Use"). Website Operator is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Such changes shall become effective immediately upon the posting thereof. Please check these Terms of Use periodically for changes.
Third Party Websites
This Website may provide you with links to other websites on the Internet ("Linked Sites"). The Linked Sites are not under the Website Operator's control, and the Website Operator is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by the Website Operator or any association with the operators of the Linked Sites. Your interactions with third parties associated with the Linked Sites are between you and those third parties associated with the Linked Sites. You hereby agree that the Website Operator shall not be responsible for dealings with third parties associated with the Linked Sites.
Proprietary Rights
You acknowledge and agree that the materials contained in this Website are protected by copyright, trademark and other proprietary rights and laws. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. The Website Operator prohibits any third-party Website, person, or entity from downloading, scraping, exporting, copying, extracting, capturing vehicle information or dealer information, capturing phone numbers or any content found on the Website Operator's website for the purpose of creating a collection, compilation, database, or directory, or redisplay or distribution of any data and/or content without express written permission of the Website Operator. The Website Operator may use fictitious information or vehicle information that will help identify any third-parties that uses, calls, or displays the Website Operator's content on any Website without express written permission of the Website Operator. The Website Operator will seek maximum punitive monetary damages according to law to protect the information displayed on the Website. All rights not expressly granted herein are reserved. You may not mirror or archive any part of this Website or any material contained on this Website on any server or computer without the Website Operator's written permission.
Products, Services and Software
Using software from this Website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon usage of such software. Software available on this Website is copyrighted by the Website Operator or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
A description to a product, service or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by the Website Operator of that product, service or publication. Products and software offered through this Website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
Submissions
Any content, data, search queries, or other information communicated to the Website Operator through this Website (together, the "Submission") which you post or submit to the Website is considered to be non-confidential and public. You hereby grant to the Website Operator the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions alone or as part of other works (including, without limitation, for products or advertising) in any form, media, or technology whether now known or hereafter developed, without incurring any liability for royalties or any other consideration of any kind, and to sublicense such rights through multiple tiers of sublicensees. You agree that the Website Operator shall not be liable as a result of any similarities that may appear between Submissions and future Website Operator operations and/or content.
You agree that all Submissions provided on this Website are the sole responsibility of the person or entity from which the Submission originated, and that you are responsible for each Submission that you post on this Website. You are exclusively responsible for the accuracy of all Submissions you post or submit to the Website, including the accuracy of information provided about your vehicle. If you believe information in your Submission is incorrect or you have concerns with the Website Operator's services regarding your Submission, you must notify us immediately.
No Unlawful or Prohibited Use
You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover any materials or information, including passwords, through or in connection with the Website except as authorized by these Terms of Use and as intentionally made available to you through the Website. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
You agree not to use the Website for any purpose that is unlawful or prohibited by the Terms of Use. This includes, but is not limited to, any use of the Website to:
- Take any action or make any communication that is inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of the Website Operator or any third party.
- Violate the copyright, trademark, or other intellectual property rights of any person or entity.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Submit Submissions or any other content using any manual or automatic posting tools other than those provided by the Website Operator, unless you have received express written consent from the Website Operator to do so.
- Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
The Website Operator is not obligated to monitor the communications contained on the Website. However, the Website Operator may, at its sole discretion, edit, decline to post or process, or remove any content on the Website, including Submissions.
Legal Age
This Website is not intended for children under the age of 13. By using this Website, you affirm that you are at least 13 years of age, and are fully able and competent to enter into these Terms of Use. If you are under 13, please do not provide Submissions or otherwise use this Website.
Security
You are solely responsible for the security of your Submissions and the results of any searches you initiate through the Website.
No Representations or Warranties
The Website Operator makes no representations or warranties that this Website is free of defects, viruses, or other harmful components. The Website Operator shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Website or the Website Operator's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD THE WEBSITE OPERATOR HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WEBSITE OPERATOR FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this Website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE WEBSITE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE WEBSITE OPERATOR MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Liability
As the Website is a place for Users to conduct searches for information controlled by third parties, you agree that the Website merely acts as a conduit for such searches. The Website Operator has no control over the quality, safety, legality, or accuracy of any search results. Because the Website Operator does not and cannot control the action of others, in the event that you have a dispute with any third party, including EpicVin and any buyer or seller contacted through Carsforsale.com, you hereby release the Website Operator (and our agents and employees and any third party partners and/or licensees of the Website Operator) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
The information provided on this Website is provided "as is" or "as available" and the Website Operator makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk.
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE OPERATOR OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE WEBSITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE WEBSITE OPERATOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the Website or the associated services, your sole remedy is to cease using them.
Indemnity
You agree to defend, indemnify, and hold harmless the Website Operator and its employees, agents, directors, officers, shareholders, agents, and affiliates from and against all liabilities, claims, damages, costs, obligations, debt, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use or misuse of this Website, any Submissions that you submit to this Website, your breach of any obligation, term, or warranty in these Terms of Use, and your infringement of the intellectual property or other rights of third parties.
Termination
If you fail to comply with any of these Terms of Use, your permission to use the Website automatically terminates and the Website Operator may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity. The Website Operator reserves the right to terminate your access to the Website or to any or all of its services at any time without notice for any reason whatsoever. The Website Operator shall not be held liable to you or any third-party for any termination of your access to this Website.
Trademarks and Copyrights
Trademarks, service marks, and logos appearing in this Website are the property of the Website Operator or the party that provided the trademarks, service marks, and logos to the Website Operator. The Website Operator and any party that provided trademarks, service marks, and logos to the Website Operator retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
All content on this Website whether provided by the Website Operator or through links to Linked Sites is the copyrighted work of the Website Operator or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of the Website Operator or the owner(s) of the Linked Sites, as appropriate.
Privacy
Except as otherwise expressly provided for in these Terms of Use, your use of the Website and provision of any information is subject to the VehicleHistoryReport.com Privacy Policy, which is expressly incorporated into these Terms and Conditions of Use.
General
This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of South Dakota, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of South Dakota or, if appropriate, the United States District Court for the District of South Dakota for the resolution of all disputes arising out of or relating to the use of this Website and the associated services. The Website Operator may assign this agreement, in whole or in part, at any time. This agreement coupled with the VehicleHistoryReport.com Privacy Policy constitutes the entire agreement between the Website Operator and the user with respect to this Website, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between the Website Operator and the user with respect to the Website. As such, these Terms of Use represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications. Specific areas or pages of this Website may include additional or different terms relating to the use of this Website. In the event of a conflict between such terms and these Terms of Use, the terms provided on the relevant specific area or page of the Website shall control.
All rights not expressly granted herein are reserved exclusively and entirely to the Website Operator.
Contact Information:
Questions about these Terms of Use should be directed to the following address via certified mail:
- VehicleHistoryReport.com
- c/o Terms of Use
- 113 East Spruce
- Beresford, SD 57004
- Email: [email protected]
Questions about our products should not be directed to this address and will not be replied to.
Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.
This document was last revised on 7-21-14.
Unless otherwise indicated, all material on this Website © 2014 - 2016 VehicleHistoryReport.com. All rights reserved.