Last Updated on August 15, 2016
Your Right to Access and Use the Site
The right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of these Site Rules. Any action by you that, as determined by AutoVIN, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying the Site shall not be permitted, and may result in your loss of the right to access and use the Site.
Registration and Passwords
In order to use the Site or certain parts of it, AutoVIN may require that you register and provide AutoVIN with certain contact information including, but not limited to, your name, mailing address and a valid email address ("User Information"). You acknowledge and agree that we may contact you at any time for any reason at any of the telephone or fax numbers, mailing addresses and email addresses you submit and leave a message at such contact points if you are unavailable, even if you share these contact points with someone else. We are not responsible for communications that do not reach you or reach someone else due to spelling mistakes, typographical errors or other mistakes in your User Information. It is your responsibility to verify that your User Information is correct and accurate at all times.
You may also be asked to choose a password in order to access the Site in the future. You are responsible for maintaining the confidentiality and security of your password. You may not share your password with others. You are responsible for all uses of your password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your User Information or password. If you forget your password and request another from us, we may send your new password to the email address you submitted upon registration. Content on the Site that is accessible only through registration is confidential and shall be subject to the provisions of any confidentiality agreement you may have with AutoVIN.
Use of the Site
You may use the Site only in accordance with these Site Rules. Specifically, but without limitation, you may not:
• violate or attempt to violate the security of the Site, including, without limitation,
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, or by overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site;
(d) sending unsolicited email, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any email or posting;
• delete or revise any material posted by any other person or entity;
• interfere or attempt to interfere by using any device, software or routine with the proper working of this Site or any activity being conducted on or through the Site;
• use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate, scrape or search the Site;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
• aggregate, copy or duplicate in any manner any of the materials or information available from the Site;
• frame of or link to any of the content available from the Site; or
• take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure.
Intellectual Property Rights
The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the Site are Trademarks of AutoVIN, its affiliates and/or its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of AutoVIN or such third-party owners of the Trademarks. No special association or relationship is intended by such use, and its use should not be construed as granting AutoVIN any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Site Rules, is strictly prohibited. You are also advised AutoVIN will aggressively enforce its intellectual property rights to the fullest extent of the law.
The contents of the Site, including the "look" and "feel" of the Site, text, graphics, code, images, software, services and other material and information on the Site, including data that is downloadable from the Site (collectively, the "Content"), are protected by United States and foreign copyright and trademark law and treaties and are available for informational and non-commercial use only. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is the exclusive property of AutoVIN and is protected by U.S. and international copyright laws. You may not copy, share, transmit, reproduce, create or use any derivative works from, transfer, or sell any content, text, graphics, images, software, services or other material and information obtained from the Site without the express written permission of AutoVIN. You may not store any significant portion of, nor distribute copies of, materials found on the Site, in any form (including electronic form), without prior written permission from AutoVIN. You may not copy or adapt the HTML code that AutoVIN uses to create or generate the pages on the Site. Unauthorized use may violate copyright, trademark or other laws.
No Representations or Warranties Regarding Content
You assume all responsibility and risk for using the Site and/or the Content. The Site and the information provided on it are provided on an "as is" and "as available" basis, without warranties of any kind, either expressed or implied. AutoVIN disclaims any warranty that your use of the Site and/or the Content will be error-free, or that any software, information, document or other material accessible from this Site is error-free or free of viruses or other harmful elements. AutoVIN assumes no liability for lost data on the Site, even if input by you, or Content, or responsibility for the accuracy, completeness, or usefulness of any information, software, apparatus or process used or disclosed on this Site or any other material accessible from the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AUTOVIN, ITS PARENT OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR RELIANCE ON ANY CONTENT OR DATA.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AUTOVIN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY 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 THE COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You promise not to sue AutoVIN and hereby waive any and all claims against AutoVIN from any liability whatsoever arising out of or related to your use of the Site and/or the Content, acts or omissions in response to your use of the Site and/or the Content, and acts or omissions of other users related to the Content or use of the Site. You agree to defend, indemnify and hold harmless AutoVIN, its parent and affiliated companies, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your breach of these Site Rules, submission of Content or use of the Site and/or the Content. AutoVIN shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
AutoVIN reserves the right to suspend or terminate access to the Site at any time or delete any Content at any time in its discretion. Indirect or attempted violations of these Site Rules and actual or attempted violations by a third party on your behalf shall be considered violations of the Site Rules by you. You agree that your access to and use of the Site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Indiana. Jurisdiction for any claims arising under the Site Rules or out of your use of the Site and/or Content lie exclusively with a court of competent jurisdiction located in Marion County, Indiana, and the federal courts of United States sitting in Indiana, and you irrevocably consent to the jurisdiction of such courts.
You acknowledge that AutoVIN may be irreparably damaged if these Site Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Site Rules by you, AutoVIN shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Site Rules.
Links to Third-Party Sites
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all costs and fees associated with internet access or long-distance charges incurred with regard to your access and use of the Site.
These Site Rules are for the benefit of AutoVIN, its parent, affiliates, and third-party licensors, each of which shall have the right to enforce and assert the terms and conditions of these Site Rules directly against you on their behalf.
If any portion of these Site Rules is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Site Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Site Rules that is unlawful, void or unenforceable shall be stricken from the Site Rules.
The headings contained in these Site Rules are for convenience of reference only, are not to be considered a part of these Site Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of these Site Rules.
All covenants, agreements, representations and warranties made in these Site Rules, as may be amended by AutoVIN from time to time, shall survive your acceptance of these Site Rules.