ACCEPTANCE OF TERMS
Auto Data Direct, Inc. provides its clients with access to a collection of resources through its online network. Unless explicitly stated otherwise, any new feature that augments or enhances the current service, including the release of new Auto Data Direct, Inc. programs, shall be subject to the TOU. Acceptance of this TOU is required prior to obtaining access to the NMVTIS service.
DESCRIPTION OF SERVICE
Auto Data Direct’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 / title pointer with lien and theft data through the National Motor Vehicle Title Information System (NMVTIS).
Auto Data Direct will provide a web-based interface for the User to electronically access NMVTIS vehicle records with additional lien and theft data, when available.
Auto Data Direct Users understand and agree that the service is provided “AS- IS” and that neither Auto Data Direct, Inc., 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 or timeliness of the data.
The User is responsible for obtaining access to the service as a qualified Auto Data Direct User in good standing. Access to Auto Data Direct, Inc.’s services may involve third party fees (such as Internet service provider or airtime charges). The User is responsible for these fees and in addition, must provide and be responsible for all equipment necessary to access Auto Data Direct.
The User understands that all record fees will be paid in advance. The User is responsible for maintaining sufficient funds in their “pre-paid” account to pay for all services offered via Auto Data Direct. If there is a shortage of funds in the User’s account, then Auto Data Direct’s system will not process the transaction. Account balance information is available on the website at time of use. Accounts which have not been accessed for a period of more than six (6) months shall be subject to a $15.00 per month maintenance fee. This fee shall be deducted from any funds remaining in the pre-paid account. Following the depletion of these funds, the account will be deactivated. Simply logging into the account within the six (6) month period will keep the account active. Auto Data Direct, Inc. offers automated payment (AutoPay) services if authorized by the User.
Rates for service are subject to change and shall be set forth in the schedule of rates and provided in writing by Auto Data Direct, Inc.
If a vehicle identification number (VIN) is not found in NMVTIS, ADD will still query the lien and theft database, if the VIN is a valid, seventeen (17) digit VIN. Only VINs that are seventeen (17) digits can be queried in the lien and theft database. The VIN should be verified prior to submission. The User’s Account will not be charged if a record is not found in the NMVTIS database, even if the subsequent lien and theft query returns a record.
Auto Data Direct, Inc. will maintain an on-line archive of each motor vehicle transaction for a period of 90 days after which time Auto Data Direct, Inc. will maintain an off-line record for a period of 5 years.
This agreement is subject to any restrictions, limitations or conditions enacted by AAMVA, the US Department of Justice (DOJ) and/or the National Vehicle Service which may affect any or all terms or provisions of this agreement in any manner. The User understands that Auto Data Direct, Inc. must comply with legally valid subpoenas.
This agreement is not assignable by the User either in whole or in part without the express written consent of Auto Data Direct, Inc.
Auto Data Direct, Inc. may at its sole discretion and without notice to the User, (a) suspend its performance under this TOU and the User’s access to and use of the service or (b) terminate the User’s access to and use of the service.
Failure to comply with the provisions of this TOU may result in termination and suspension or cancellation of all password access. SHARING OF USERNAMES AND PASSWORDS IS STRICTLY PROHIBITED. Each Company may have an unlimited number of authorized users.
Auto Data Direct, Inc. may terminate this agreement for such unauthorized use or disclosure by written notice to the User, such notice to be effective upon facsimile (fax) transmission to the User or five (5) days from the date of mailing of such notice.
The User will conduct a NMVTIS with lien and theft data transaction in “real- time” utilizing the computer interface designed by Auto Data Direct, Inc. Furthermore, Auto Data Direct, Inc. will approve the connectivity utilized by the User to interface with the NMVTIS database.
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 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 https://vehiclehistory.bja.ojp.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.
NVS Data Disclaimer
The ultimate source of the lien and theft information available through the vehicle history / title pointer with lien and theft 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 and theft data provided in the combined vehicle history / title pointer with lien and theft report 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.
User may be contacted by Law Enforcement should an inquiry into the NVS database result in a stolen hit.
User may NOT provide theft data to the general consumer. Theft data may only be viewed by business entities. A consumer version of the NMVTIS Vehicle History report with the lien data is available via hyperlink on the corporate version of the report titled “View Full Consumer Report”.
ADD Disclaimer regarding NMVTIS
The ultimate source of the vehicle history / title pointer information available through the vehicle history / title pointer with lien and theft report is provided by participating states that report motor vehicle data to the “operator” of the 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. NMVTIS does not contain vehicle crash information or service records. Total loss insurance reports are provided by insurance companies for vehicles 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.
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 Mobile Applications
NMVTIS vehicle history report mobile application (app) is available on various “smart” devices. This app allows a User to scan a VIN barcode and retrieve a snapshot of the NMVTIS vehicle data. Promotional rates may be applied to the abbreviated report subject to the terms of the app provider. The data is limited to a yes/no response on: brands, salvage data and odometer. Fees for this service initiated from within the app will be deducted from the User’s ADD prepaid account. The information queried is saved in the User’s ADD archive. Once pulled from the archive, the full NMVTIS report is available at the standard price less what was paid at the time the VIN was scanned.
The User agrees to indemnify and hold Auto Data Direct, Inc. and its subsidiaries, affiliates, officers, agents, associate entities and employees, harmless 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 Auto Data Direct by the User; the User’s connection to Auto Data Direct; the User’s violation of the TOU, or the User’s violation of any rights of another.
NO RESALE OF SERVICE
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Auto Data Direct, use of Auto Data Direct, or access to Auto Data Direct.
AUTO DATA DIRECT, INC.‘S PROPRIETARY RIGHTS
The User acknowledges and agrees that the Auto Data Direct service and any necessary software used in connection with the Auto Data Direct product (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Auto Data Direct, Inc., the User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Auto Data Direct or the Software, in whole or in part
Auto Data Direct, Inc. grants the User a personal, non-transferable and non- exclusive right and license to use the object code of its Software; 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 software. The User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Auto Data Direct. The User agrees not to access Auto Data Direct by any means other than through the interface that is provided by Auto Data Direct, Inc. for use in accessing Auto Data Direct.
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. Auto Data Direct may also provide notices of changes to the TOU or other matters by displaying notices or links to notices on Auto Data Direct, Inc.’s website(s).
Auto Data Direct, Inc. may be contacted in the following manner:
By mail:Auto Data Direct, Inc.
1830 E. Park Ave, Suite 1
Tallahassee, FL 32301
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.