Terms of Service

VinGurus TERMS OF SERVICE

Thank you for visiting VinGurus.com. This site is owned by VinGurus (“we,” “us,” “our”). Should you continue to browse and use this website, you must agree to comply with and be bound by the following Terms of Service, which together with the NMVTIS Disclaimer and Privacy Policy govern VinGurus relationship with you in relation to this website.

1. USE OF SITE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VINGURUS STATING THE TERMS THAT GOVERN YOUR USE OF VINGURUS PRODUCTS AND SERVICES OFFERED ON ITS WEBSITE HTTP:\\VINGURUS.COM (THE “WEBSITE” OR “VINGURUS”) (COLLECTIVELY THE “SERVICE” OR “SERVICES”). THIS TERMS OF SERVICE AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, LICENSES, AND ALL OF VINGURUS'S RULES AND POLICIES AND TERMS OF USE - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND VINGURUS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE. IF YOU USE THE SERVICE AND WEBSITE IT WILL BEEN DEEMED THAT YOU AGREE TO THESE TERMS. VINGURUS RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF SERVICE. YOUR CONTINUED USE OF THIS SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE UNLESS AGREED TO IN WRITING BY VINGURUS, AND VINGURUS MAY REFUSE ACCESS TO ANY SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

2. DESCRIPTION OF VINGURUS SERVICE. VinGurus specializes in access to critical data for automotive dealers and consumers involved in the purchase of used automobiles. VinGurus vehicle history service provides real-time Vehicle History Reports and Auto Auction Records Reports. VinGurus also provides Vehicle Inspection Reports, and free services including free a Vehicle Recalls Check and a free VIN Decoder. VinGurus Vehicle History Reports include Title and Brand data from the National Motor Vehicle Title Information System (NMVTIS) as well as theft and lien information that is appended to NMVTIS record and is not provided by NMVTIS Through its partnership with NMVTIS, VinGurus Vehicle History Reports are available for automobiles, motorcycles, recreational vehicles (RV’s) and pre 1981 classic cars. If a vehicle has ever been sold from the auto auction, VinGurus Vehicle History Reports may include the vehicle information from the auto auction’s database: the vehicle’s photographs and vehicle details that were available to the public in the auto auction website when this vehicle was on sale there. The information from the auto auction is also provided separately in VinGurus Auto Auction Records Report. VinGurus Vehicle Inspection Report represents the results of the vehicle inspections made by our representatives.

3. AGE REQUIREMENTS FOR USE OF SERVICE. The Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

4. SOFTWARE AND HARDWARE REQUIREMENTS. Use of the VinGurus Service requires Internet access (fees may apply), certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Services.

5. WHAT YOU SHOULD AND SHOULD NOT EXPECT FROM VINGURUS.

These should be your expectations when you use VinGurus Services:

a. QUALITY AND DELIVERY. Please understand that VinGurus provides no guarantee that the Services will always function without disruptions, delay, or other imperfections. Since the Services may be transmitted through public cellular FDMA, TDMA, CDMA, GSM, and AMPS networks, including satellite phone services, and other types of cellular networks, Internet lines and even the public switched telephone network ("PSTN"), there may be power outages or service disruption. You may experience some disruptions which will interfere with the speed, quality, transmission and reception of Services which are beyond our management or control.

b. TECHNICAL IMPROVEMENT AND MAINTENANCE. VinGurus may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. VinGurus may also have to repair, improve, and/or upgrade the Services and this may require us to restrict, limit, suspend, interfere and/or interrupt the Services periodically from time to time.

c. CONTENT OF COMMUNICATIONS. VinGurus does not control, or have any knowledge of the content of any communication(s) spread by the use of the Services. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.

d. GENERAL PRACTICES REGARDING USE AND STORAGE. You agree that VinGurus has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. VinGurus retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

e. CONTENT OF THE SERVICE. VinGurus takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does VinGurus have any obligation to monitor such third-party content. VinGurus reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. VinGurus also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of VinGurus, its users and the public. VinGurus will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

f. TERMINATION. VinGurus reserves the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the Service to you if we believe you are in breach of VinGurus Terms of Service. VinGurus Services are also subject to termination in the event that your wireless service terminates or lapses. VinGurus may discontinue the Services at any time.

6. WHAT VINGURUS EXPECTS FROM YOU.

By using VinGurus Services, you accept and acknowledge that you will abide by the follow:

VinGurus Services require an account registration ("Account"). Account registrations are limited per unique individual person. Account transfer or assignment is generally not permitted, unless agreed to in writing by VinGurus

a) When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple Accounts per identification method only at VinGurus's sole discretion. A single Account may be used by a single individual or legal entity, such as an automobile dealership, at VinGurus's sole discretion and subject to VinGurus's requirements. Additional Accounts beyond the first Account per unique user may be subject to fees upon Account creation. You may not transfer your Account to any third party without the prior written consent of VinGurus; notwithstanding the foregoing, VinGurus will not unreasonably withhold consent to the transfer of an Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by VinGurus.

b) VinGurus has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Services without notice or liability to you. In the event that VinGurus suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

c) Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.

d) In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in VinGurus's sole discretion), VinGurus may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your directors, officers, employees, affiliates, agents, contractors, or licensors, and your breach shall be deemed to apply to all such Accounts.

e) ELECTRONIC SIGNATURES AND CONTRACTS. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS VIA THE VINGURUS WEBSITE CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

f) PAID SERVICES/AGREEMENT TO PAY.

i. Right to Change Prices and Availability of Products. Prices and availability of any Services are subject to change at any time.

ii. VinGurus Services require payment of a fee. You must have an Account and pay the subscription or other fees to use any of VinGurus’s Services. For information about subscription and other fees for particular Services visit the fees and Services sections of the Website, VinGurus.com.

iii. Changes to Paid Services. VinGurus reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an VinGurus Service, VinGurus will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Terms of Service section of the VinGurus website VinGurus.com/terms. You are responsible for reviewing the VinGurus Terms of Service to obtain timely notice of such changes. Your continued use of the VinGurus Services thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but VinGurus will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of VinGurus Services is subject to use or sales tax, then VinGurus may also charge you for any such taxes, in addition to the subscription or other fees

iv. Responsibility for Account. AS THE ACCOUNT HOLDER, YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED, INCLUDING APPLICABLE TAXES, AND ALL PURCHASES MADE BY YOU OR ANYONE THAT USES YOUR ACCOUNT, INCLUDING YOUR FAMILY, FRIENDS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, OR ANY OTHER THIRD PARTY. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR ALL USAGE AND PURCHASES ON YOUR ACCOUNT, EVEN THOSE MADE UNLAWFULLY OR FRAUDULENTLY OR WITHOUT YOUR AUTHORIZATION. IN THE EVENT THAT YOUR CELLULAR, MOBILE, OR SATELLITE PHONE IS LOST OR STOLEN, YOU MUST IMMEDIATELY NOTIFY VINGURUS.

v. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to VinGurus. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

vi. No Resale of the Service. Unless expressly authorized in writing by VinGurus, you agree not to reproduce, duplicate, copy, sell, trade, resell, redistribute, or exploit for any commercial purposes any: (a) portion of the Services; (b) use of the Services, including VinGurus’s response methods; or (c) access to the Services, including, but not limited to Account information.

vii. Self-Reported Information. If you choose to enter any self-reported information, personal or otherwise, on this site or on any other site referenced herein or linked thereto, you thereby authorize us to use that information as prescribed in our Privacy Policy and to forward that information to third parties and call centers who may retain and use that information. YOU ALSO THEREBY CONSENT AND AUTHORIZE VINGURUS, ANY THIRD PARTY, OR CALL CENTER TO CONTACT YOU BY TELEPHONE. IF YOU DESIRE NOT TO BE CONTACTED BY TELEPHONE DO NOT SUBMIT YOUR SELF-REPORTED INFORMATION.

7. INTELLECTUAL PROPERTY RIGHTS. You acknowledge that VinGurus owns all right, title and interest in and to the Services, including all intellectual property rights (the “VinGurus Rights"). VinGurus Rights are protected by U.S. and international intellectual property laws, including moral rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, reverse-engineer or create derivative works from the Services or any part of the VinGurus Website. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

Unless you have agreed otherwise in writing with VinGurus, nothing in the Terms of Service gives you a right to use any of VinGurus’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by VinGurus, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of VinGurus in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

As described immediately below, VinGurus rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services.

VinGurus claims no ownership or control over any content submitted, posted or displayed by you on or through VinGurus Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through VinGurus Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through VinGurus Services which are intended to be available to the members of the public, you grant VinGurus a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on VinGurus Services for the purpose of displaying and distributing VinGurus Services. VinGurus furthermore reserves the right to refuse to accept, post, display, or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.

8. TERMINATION.

a) Termination by VinGurus. If you fail, or VinGurus suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide VinGurus with a valid credit card or with accurate and complete Account registration data, failure to safeguard your account information, violation of the VinGurus Terms of Use or any license, or infringement or other violation of third parties' rights, VinGurus, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Services (or any part thereof).

b) Termination of the Services. VinGurus reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and VinGurus will not be liable to you or to any third party should it exercise such rights.

9. GENERAL COMPLIANCE WITH LAWS. The Services are controlled and operated by VinGurus from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

10. ENFORCEMENT OF THESE TERMS. VinGurus reserves the right to take steps VinGurus believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VinGurus's right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party's rights). You agree that VinGurus has the right, without liability to you, to disclose any Account registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as VinGurus believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to VinGurus's right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party's rights).

11. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES. Certain content, products, and data available via the Services may include materials from third parties. In addition, VinGurus may provide links to certain third-party Web sites. You acknowledge and agree that VinGurus is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. VINGURUS DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES, OR COLLECTED DATA OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO ANY INFORMATION RELATING OR PERTAINING TO THE CONDITION, SAFETY, MARKETABILITY, MERCHANTABILITY, QUALITY, OWNERSHIP HISTORY, AND ACCIDENT HISTORY OF ANY PASSENGER MOTOR VEHICLE LOCATED IN ANY TERRITORY THROUGHOUT THE WORLD OR ANY DATA OR INFORMATION, CONTAINED IN OR OMITTED, FROM A PASSENGER MOTOR VEHICLE OWNERSHIP OR REGISTRATION DOCUMENT ISSUED BY ANY OF THE 50 STATES OF THE U.S. (OR DISTRICT OF COLUMBIA) OR PASSENGER VEHICLE REGISTRATION DOCUMENT ISSUED BY ANY PROVINCE OF CANADA. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that VinGurus is not in any way responsible for any such use by you.

12. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.

a) VINGURUS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VINGURUS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b) YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ALL SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY VINGURUS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE MOTOR VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE OR TRANSMITTED TO YOU, INCLUDING THE

INFORMATION PROVIDED IN THE VINGURUS VEHICLE HISTORY REPORT, VINGURUS AUTO AUCTION RECORDS REPORT, VINGURUS VEHICLE INSPECTION REPORT, AND THE VEHICLE INFORMATION PROVIDED BY THE FREE VINGURUS VIN DECODE SERVICE AND THE FREE VINGURUS VEHICLE RECALLS CHECK SERVICE. VINGURUS GIVES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CONDITION, SAFETY, MARKETABLITY, MERCHANTABLITY, QUALITY, OWNERSHIP HISTORY, OR ACCIDENT HISTORY OF ANY MOTOR VEHICHLE AND DOES NOT ENDORSE, CERTIFY, AUTHORIZE, OR AUTHENTICATE ANY MOTOR VEHICLE OR ANY MOTOR VECHICLE OWNERSHIP OR REGISTRATION DOCUMENT PROVIDED TO YOU THROUGH ANY OF VINGURUS SERVICES OR THIRD PARTY SUPPLIERS. 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 VECHICLE.

c) IN NO EVENT SHALL VINGURUS,

ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE VINGURUS WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE VINGURUS WEBSITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE VINGURUS WEBSITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE VINGURUS WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF VINGURUS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES 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 VINGURUS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

f) The general used vehicle buying information is a free service offered by VinGurus to the used vehicle buying public. VINGURUS DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU MAY CAUSE TO YOURSELF, OTHERS, OR PROPERTY WHEN FOLLOWING THE ADVICE GIVEN ON THIS SITE. VinGurus has no control over how you may use the information you get from the site and does not attest to the validity of any information found herein, nor does it guarantee any results.

13. . WAIVER AND INDEMNITY. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD VINGURUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY VINGURUS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM VINGURUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF VINGURUS'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

14. VinGurus vehicle inspection services terms and conditions.

a. Not Experts; No Authentication. You understand that the person or entity that performs the VinGurus vehicle inspection services (“inspections”) for you, hereinafter referred as the Inspector, is not an expert in any field, and neither possesses nor applies any special or specific skill, knowledge, or expertise to his or her inspection. The inspection made and reported to you reflect the Inspector’s personal lay inspection and opinions based upon the inspection made by him or her at the time the inspection was made. We do not perform any tests drives.

b. No Guarantee. Our Inspectors work very hard to make sure that the information they report to you is accurate and complete. However, the information in the report you receive is not guaranteed. In addition, because we typically do not take possession of the vehicle we have no control over substitutions or changes that could possibly occur after the inspection is made. We are not responsible for any alterations, changes in condition, or damages to the property being inspected that occur subsequent to the inspection. VinGurus does not guarantee or warrant the condition or operation of any vehicle upon delivery to you. You are also bound by the provisions of the VinGurus Vehicle Inspection Report Disclaimer.

c. Authorized Communications. No person other than the person who places the order shall be entitled to issue instructions or in any way communicate with VinGurus regarding the order. You may not communicate directly, by any means, with your Inspector.

d. Scope of Order. VinGurus is under no obligation to report any facts, inspections, information or events that are outside of the express scope of the order and which are not included in the services offered by us as described on this site

e. Order Fulfillment Policy. We make every reasonable effort to post your report no later than three to four business days following placement of the order, and most orders should be completed within that period. Business days are Monday through Friday, excluding holidays. However, because our ability to do so is often dependent on a variety of factors such as, for example, order volume in the area or making arrangements to meet with a seller or other necessary party, we do not guarantee that the report will be posted within that time frame or within any specific time frame.

f. Cancellation Policy. If you cancel your order before the Inspector started to implement the order we will issue a refund of 50% of the order price. VinGurus will not issue any refunds if you cancel your order after the Inspector started to implement the order. Implementing the order is defined as the inspector having made an appointment with the vehicle owner/seller or has arrived to the owner’s/seller’s place to inspect the vehicle., .

g. Title to Goods or Property. For VinGurus vehicle inspection services purchased in connection with a sales transaction or proposed sales transaction, VINGURUS DOES NOT VERIFY, CHECK, CONFIRM, REPRESENT, WARRANTY, OR GUARANTEE THAT THE SELLER OR PERSON IN POSSESSION AT THE TIME WE MAKE THE INSPECTION HAS LEGAL OWNERSHIP, OR LEGAL POSSESSION OF THE PROPERTY INVOLVED

h. Use of subcontractors. We may, without notice, delegate, assign, or subcontract the service to any person, entity, agent, independent contractor, or subcontractor.

i. Maximum Inspection Time. We will spend, at our sole discretion, a maximum of fifteen (15) minutes observing the vehicle involved in your order, unless your order is an approved custom order which by its terms requires more time.

j. No Shows. If we arrive at the inspection site and the seller or other party who has agreed to meet us there does not have the vehicle available for the inspection, you will be charged in full if the Inspector has made contact and set up an appointment to conduct the inspection.

k. Entry Upon Private Property. If fulfillment of your order requires us to enter upon private property, you are solely responsible for obtaining the consent and permission of all legally necessary parties (owner, tenant, etc.) and providing confirmation thereof to us. You hereby indemnify and hold us harmless for any claims, liabilities, judgments, costs, expenses, or losses of any kind whatsoever we might suffer in connection with entry upon private property at your request in fulfillment of your order. You agree to provide written documentation of ownership or other rights if we so request.

l. No Offer. Nothing on this site shall be construed as an offer or promise to make any VinGurus service or product or the services or products of any third party available to you. By acquiring the self-reported information you enter and allowing the entry of your order, neither VinGurus nor associated third parties are attempting to sell services or products in any jurisdiction in which they are not authorized to do so. Our vehicle inspection services are available only in the United States

15. CHANGES. VinGurus reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms of Service and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms of Service as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the VinGurus Services following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

16. NOTICES. VinGurus may send you notice with respect to the Services by sending an email message to the email address listed in your VinGurus account contact information, by sending a letter via postal mail to the contact address listed in your VinGurus Account contact information. Notices shall become effective immediately.

17. GOVERNING LAW. All questions concerning the construction, validity, and interpretation of these Terms of Service and the performance of the obligations imposed by these Terms of Service shall be governed by the internal law of the state of Florida. Any suit, action or proceeding against a party to these Terms of Service brought by another party with regard to these Terms of Service or the rights and obligations of the parties under these Terms of Service shall be brought in the Court of the state of Florida. The parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, Customer irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon Customer and may be enforced in any court in which Customer is subject to jurisdiction by a suit upon such judgment.

18.Miscellaneous. These Terms of Service constitute the entire agreement between you and VinGurus and govern your use of the Service, superseding any prior agreements between you and VinGurus. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service 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. VinGurus's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. VinGurus will not be responsible for failures to fulfill any obligations due to causes beyond its control

. 19. Feedback and Information. Any feedback you provide at this site shall be deemed to be non-confidential. VinGurus shall be free to use such information on an unrestricted basis.

20. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

21. AVIS ET PROCÉDURES POUR RECLAMER UNE VIOLATION DU COPYRIGHT

Conformément au Titre 17, United States Code, Section 512 (c) (2), les notifications de violation de droits d'auteur doivent être adressées à l'agent désigné du site. TOUTES LES DEMANDES QUI NE SONT PAS CONFORMES OU NE RESPECTENT PAS LA PROCEDURE SUIVANTE SERONT SANS RÉPONSE.

VinGurus respecte la propriété intellectuelle d'autrui, et nous demandons à nos utilisateurs et les visiteurs de faire de même. VinGurus traitera et examinera les notifications de violation et prendra les mesures appropriées en vertu du DCMA («Digital Millennium Copyright Act») et d'autres lois applicables en matière de propriété intellectuelle. Dès réception des avis conformes à la loi DMCA, VinGurus agira pour supprimer ou désactiver l'accès à tout matériel trouvé pour enfreindre ou exercer une activité illicite et agira pour supprimer ou désactiver l'accès à toute référence ou lien au matériel ou à l’activité qui se trouve en infraction.

Si vous pensez que votre travail a été copié d'une manière qui constitue une violation du copyright, veuillez fournir les informations suivantes à VinGurus. Veuillez noter que pour être efficace, la Notification doit comporter les éléments suivants:

une signature physique ou électronique de la personne autorisée à agir au nom du propriétaire d'un copyright exclusif qui aurait été violée;
une description du travail que vous réclamez volé;
une description de l'endroit où le matériel que vous réclamez violé est situé sur le Site;
votre adresse, numéro de téléphone et adresse e-mail et toute autre information raisonnablement suffisante pour permettre à VinGurus de communiquer avec vous;
une déclaration de votre part stipulant que vous êtes de bonne foi et que l'utilisation litigieuse n'est pas autorisée par le titulaire du copyright, son agent ou la loi;
une déclaration de vous, faite sous risque de parjure, que les renseignements ci-dessus dans votre notification sont exactes et que vous êtes le propriétaire du copyright ou que vous êtes autorisé à agir au nom du propriétaire d'un droit exclusif qui aurait été violé.

Les avis de violation de copyright doivent être adressés à :

Par Courrier :

VinGurus

2035 NE 151st ST North Miami Beach, FL. 33162, USA.

Par e-mail : info@vingurus.com

(Veuillez inclure « Avis de violation » dans la ligne objet)

NOTE IMPORTANTE : LES INFORMATIONS PRECEDENTES SONT FOURNIES EXCLUSIVEMENT POUR NOTIFIER VINGURUS QUE VOTRE COPYRIGHT DE MATERIEL A ETE VIOLE. TOUTES LES AUTRES DEMANDES, TELLES QUE LES QUESTIONS DE PRODUITS OU DE SERVICES CONNEXES ET DES DEMANDES OU DES QUESTIONS SUR LA VIE PRIVEE, NE RECEVRONT PAS DE REPONSE A TRAVERS CE PROCESSUS.

VinGurus

2035 NE 151st ST North Miami Beach, FL. 33162, USA.

info@vingurus.com

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 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.

VinGurus reports provide vehicle information from the auto auctions’ database and may include the vehicle’s photographs and vehicle details that were available to the public in the auto auctions’ websites when this vehicle was on sale there. Auction Records Report and the auto auction records in the Vehicle History Report are available only in case if this vehicle has ever been on sale at auto auctions since June, 2007 to present time, but still not for all these vehicles. The information on some vehicles may be unavailable.

Vehicle information from the VinGurus Auto Auction Records Report and from the auto auction records in the VinGurus Vehicle History Report is provided "as is" from the auto auctions database. VinGurus does not guarantee or warranty that the Auto Auction Records Report and auto auction records will be available on a specific vehicle, and does not guarantee that the information from the Auto Auction Records Report and Vehicle History Report is accurate, comprehensive, verified or complete, and shall not assume or accept any liability (whether in negligence or otherwise) for the accuracy or completeness of such information or for any reliance placed by any person on the information. VinGurus does not guarantee that the vehicle has not been on sale at an auto auction if there are no auto auction records in the report or no Auto Auction Records Reports available for the vehicle. VinGurus also does not guarantee the availability of the vehicle photographs in the report. Nor shall VinGurus be under any obligation to advise any person of any error in information provided. VinGurus shall not be liable for any damages (including, without limitation, damages for loss of profits, business or other consequential loss) which may arise from any use of, or reliance upon, or inability to access, the information from the VinGurus Auto Auction Records Report and the VinGurus Vehicle History Report. VINGURUS MAKES NO GUARANTY OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE DATA PRESENTED IN THIS REPORT. USER ASSUMES ALL RISKS IN USING ANY DATA IN THIS REPORT FOR HIS OR HER OWN APPLICATIONS.

NVS Data Disclaimer

The ultimate source of lien information provided in the VinGurus Vehicle History Report is database of 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. The lien data may not be complete and will not have information on all vehicles. So, lien record may not be available in a Vehicle History Report or may be incomplete. VinGurus 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.

VinGurus Vehicle Inspection Report Disclaimer

Every VinGurus Vehicle Inspection Report and the information contained therein is based solely upon the inspections and opinions of the individual or individuals (the “Inspector” or the “Inspectors”) who process your order and complete the report. None of the Inspectors are experts in any field, nor are they professional photographers. Your personal inspections and opinions might differ from those contained in your VinGurus Vehicle Inspection Report. The photographs contained in your VinGurus Vehicle Inspection Report may differ from photographs that would be taken by a professional photographer.

We do not check ownership or title of any vehicle. Your VinGurus Vehicle Inspection Report should not be considered a recommendation that you should or should not bid on or purchase a vehicle, nor should it be the sole basis upon which you might make any important decision. Unless we specifically agree in writing otherwise at the time you place your order, we do not perform appraisals or issue value opinions of any kind, and any such information contained in your VinGurus Vehicle Inspection Report should be not be relied upon for any purpose.

The Inspector may ask the seller to demonstrate that the vehicle is in basic working order (if applicable). The Inspector, however, is not an expert, and will not perform any tests. Only the most basic functions which the seller chooses to demonstrate will be observed, we do not perform test drives.

VinGurus free services Disclaimer

There are some services available at our website that you can obtain for free. They are: the free VIN decoding service (“VIN Decoder’’) and the Vehicle Recalls Check service (“Vehicle Recalls Check”).

a) The free VinGurus VIN Decoder provides the true identity of a vehicle by decoding the 17-character Vehicle Identification Number (VIN). Upon entry of a VIN number, a VIN decoding system validates, verifies the coded information contained within the various elements of the VIN number and then explodes it into a report that includes the following information: Model Year, Make, Model, Trim, Country of Manufacture, Engine Type, Body Style.

VinGurus does not guarantee or warranty the decoding of any VIN as well as the accuracy and fullness of the information issued by the VIN Decoder. ALTHOUGH VINGURUS VIN DECODE SERVICE DATA SUPPLIERS CHECK REGULARLY WITH THEIR DATA SOURCES TO CONFIRM THE ACCURACY AND COMPLETENESS OF THE DATA, VINGURUS MAKES NO GUARANTY OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE DATA PRESENTED IN THIS REPORT. USER ASSUMES ALL RISKS IN USING ANY DATA IN THIS REPORT FOR HIS OR HER OWN APPLICATIONS. ALL DATA IN THIS REPORT ARE SUBJECT TO CHANGE WITHOUT NOTICE.

The free VinGurus Vehicle Recalls Check enables you to instantly identify an open recall on a specific vehicle, after you enter the year, make and model of the vehicle. Recall information is provided "as is" from the National Highway Traffic Safety Administration ("NHTSA”). NHTSA documents and tracks both types of auto recalls. With the exception of those involving tires, recalls are in effect for the lifetime of a vehicle. Under federal law, recalls must be remedied at no cost to consumers. If you identify an open recall, take the vehicle to an authorized dealer to have it repaired. This information is updated weekly by the Department of Transportation (DOT). Vehicles not included in this list may still have existing recalls. The information provided on vehicle recalls is for information purposes only. VinGurus does not guarantee that such information is accurate, comprehensive, verified or complete, and shall not assume or accept any liability (whether in negligence or otherwise) for the accuracy or completeness of such information or for any reliance placed by any person on the information. Nor shall VinGurus be under any obligation to advise any person of any error in information provided. VinGurus shall not be liable for any damages (including, without limitation, damages for loss of profits, business or other consequential loss) which may arise from any use of, or reliance upon, or inability to access, the information.

If you have questions about the vehicle recall information presented, please contact your vehicle's manufacturer, NHTSA's Auto Safety Hotline at 1-888-DASH-2-DOT (1-888-327-4236).

c) There is a chargeless Auto Auction Check at our website. When you enter VIN in our VIN decoder, at once you can get the information whether this vehicle has ever been on sale at auto auctions or not. As soon as our VIN Decoder has verified the VIN, you can get one free vehicle’s photo from the auto auction database. We do not guarantee that this photo will show the damaged part of the vehicle because it is generated by random from the photo collection available for this vehicle in the auto auctions’ database. VinGurus does not guarantee that the vehicle has not been on sale at an auto auction if there is no auto auction records found by the Auto Auction Check.

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