ACCEPTANCE OF TERMS
Welcome to Auto Data Direct Inc.’s (ADD) Consumer Access Service (Service) to search for National Motor Vehicle Title Information System (NMVTIS) records with lien data. Acceptance of this TOU is required prior to obtaining access to Service.
DESCRIPTION OF SERVICE
ADD’s Service consists of proprietary programming and databases as well as proprietary programming and databases of “associate entities” such as the American Association of Motor Vehicle Administrators (AAMVA), state motor vehicle databases, National Vehicle Service (NVS) and others. Auto Data Direct, Inc.’s system provides online tools to access vehicle history records through the National Motor Vehicle Title Information System (NMVTIS), with additional lien data from other sources, when available.
User understands and agrees that Service is provided “AS-IS” and that neither ADD, nor its associate entities assume responsibility for business or consequential damages caused directly or indirectly by use of the system including but not limited to deletion, mis-delivery, failure to store any User communications. Neither ADD nor its associate entities assume responsibility for accuracy or timeliness of the data.
Use of Service is subject to any restrictions, limitations or conditions enacted by AAMVA, the US Department of Justice (DOJ) and/or the NVS which may affect any or all terms or provisions of this agreement in any manner.
- Information Source and Accuracy
The ultimate source of title information available through the Service is provided by participating states that report motor vehicle data to the “operator” of the NMVTIS database, the American Association of Motor Vehicle Administrators. Although every effort is made to insure the accuracy of transmission and data, the reports are provided “AS IS.” Some states do not report to NMVTIS. Records from NMVTIS from participating states may be incomplete and there may be data available from non-reporting states that is older or newer than the data in the NMVTIS record.
User understands that NMVTIS vehicle histories may not be complete and will not have information on all vehicles. ADD is a “read-only portal” of data stored on the NMVTIS databases, which is passed directly from AAMVA to the User through the ADD interface. ADD makes no warranty either expressed or implied as to the validity of the data. Other than that, data provided is a true and correct reproduction of the NMVTIS data as provided by the American Association of Motor Vehicle Administrators (AAMVA), the operator of NMVTIS, at the time of access through the ADD portal.
ADD in no way warrants or assumes any liability for the accuracy and/or completeness of any information provided on this website. ADD assumes no responsibility for charges incurred, lost revenue, nor actual, compensatory, incidental, special or consequential damages of any kind in connection with the information supplied through this website. Without limitation of the foregoing, ADD is not responsible for actual, compensatory, incidental, special or consequential damages of any kind due to errors in customer input, duplicate requests, errors in transmission, program or equipment failures, communication problems, process delays, or schedule changes. Without limitation to the foregoing disclaimer, in no event shall ADD’s liability exceed the charges actually billed to User by Auto Data Direct, Inc. NMVTIS does not contain vehicle crash information or service records. Total loss insurance reports are provided by insurance companies for vehicles five (5) years or newer and all total losses are required to be reported by salvage entities. ADD does not independently audit or warrant the accuracy or completeness of the NMVTIS database.
By submitting a request to ADD, you agree that you will indemnify and hold harmless ADD and its subsidiaries, affiliates, officers, agents, associate entities and employees from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of: the User’s use or misuse of the system or the data provided, the content submitted, posted, transmitted or made available through ADD by the User; the User’s connection to ADD; the User’s violation of the TOU, or the User’s violation of any rights of another.
- Information Collection and Use
ADD agrees that it will not sell or disclose the information requested below for any purpose except to access the record requested, except as required by state jurisdictions, AAMVA and the Department of Justice. User understands that Auto Data Direct, Inc. will comply with legally valid subpoenas and requests from law enforcement.
- No Resale of Service
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of ADD’s Service, use of the Service, or access to the ADD Service.
- Proprietary Rights
The User acknowledges and agrees that the ADD Service and any necessary software or application used in connection with the Service (“application”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ADD, the User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Service or the application, in whole or in part.
ADD grants the User a personal, non-transferable and non-exclusive right and license to use the object code of its Service; provided that the User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the application. The User agrees not to modify the application in any manner or form, or to use modified versions of the application, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The User agrees not to access the Service by any means other than through the interface that is provided by ADD for use in accessing Service.
- Refund Policy
If you purchased a vehicle history report, and are not satisfied, you may be eligible for a refund if:
* Your request is submitted in writing using the "Refund Policy" form located at http://www.add123.com/multi-state/refund-request * Your refund is requested with 30 days of purchase. * You have not, nor has any member of your family, received a refund from ADD within the last 12 months.
NMVTIS Consumer Access Product Disclaimer
The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding 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](http://www.vehiclehistory.gov/NMVTIS_Map.pdf) 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 http://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.
ADD Consumer Access Disclaimer
Auto Data Direct, Inc. is a “read-only portal” of data stored on the NMVTIS databases, which is passed directly from AAMVA to the client through the ADD interface, which has been tested and approved by AAMVA. ADD does not enter the information found on a NMVTIS record, nor is it responsible for the accuracy or verification of the information found therein. The motor vehicle records accessed by ADD clients are recorded by participating states and are current with those entities at the time of access through the ADD portal.
NVS Data Disclaimer
The ultimate source of the lien information available through Service is provided by the National Vehicle Service (NVS). Although every effort is made to insure the accuracy of transmission and data, the reports are provided “as is.” Some lien holders and jurisdictions do not report to NVS. Records from NVS may be incomplete.
User understands that lien data provided in the vehicle history record may not be complete and will not have information on all vehicles. Only VINs that are seventeen (17) digits can be queried in the NVS database. ADD is a “read-only portal” of data stored on the NVS databases, which is passed directly from NVS to the User through the ADD interface. ADD makes no warranty either expressed or implied as to the validity of the data. Other than that, data provided is a true and correct reproduction of the NVS data.
DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
A. USE OF AUTO DATA DIRECT IS AT THE USER’S SOLE RISK. AUTO DATA DIRECT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUTO DATA DIRECT, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. AUTO DATA DIRECT, INC. MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE USER’S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM AUTO DATA DIRECT, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT AUTO DATA DIRECT, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUTO DATA DIRECT, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSION OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THE PARTIES HEREBY AGREE, IN CONSIDERATION OF THE FORGOING AND AS A CONDITION OF ACCEPTING SERVICE, THAT ANY CLAIM OR DISPUTE (INCLUDING THOSE BASED ON CONTRACT, NEGLIGENCE, TORT OR STATUTE) AMONGST THE PARTIES INCLUDING, BUT NOT LIMITED TO ANY THIRD PARTY CLAIM AND OR CLAIM FOR INDEMNITY OF CONTRIBUTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED BY AUTO DATA DIRECT, INC. UNDER THIS AGREEMENT, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION, ACCELERATED PROCEDURES. VENUE SHALL BE EXCLUSIVELY IN LEON COUNTY FLORIDA. EACH PARTY SHALL BEAR THEIR OWN COSTS (INCLUDING ARBITRATION COSTS) AND ATTORNEY’S FEES.
Notice to the User may be made either by email or regular mail. ADD may also provide notices of changes to the TOU or other matters by displaying notices or links to notices on ADD’s website(s).
Auto Data Direct, Inc. may be contacted in the following manner:
Auto Data Direct, Inc.
1379 Cross Creek Circle
Tallahassee, FL 32301-3729
By phone: (850) 877-8804
This TOU constitutes the entire agreement between the User and Auto Data Direct, Inc. and governs the use of Auto Data Direct; superseding any prior agreements between the User and Auto Data Direct, Inc. The User may also be subject to additional terms and conditions that may apply when utilizing affiliate services, third-party content or third-party software. The TOU and the relationship between the User and Auto Data Direct, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and such disputes shall be resolved by expedited arbitration under the AAA rules and procedure. The User and Auto Data Direct, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. The failure of Auto Data Direct, Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOU must be filed within three (3) years after such claim or cause of action arose or be forever barred.
User shall be responsible to pay all applicable sales and use taxes, if any.