AutoCheck Terms and Conditions (AutoCheck.com – Consumer)
By providing information and registering an account (“Account”) at or
from the AutoCheck consumer site (
www.autocheck.com) (“AutoCheck Site”) or in each instance of purchasing, viewing,
downloading, or otherwise accessing an AutoCheck® vehicle history
report or any related excerpts or information (each, a "Report"), you
agree that the following terms and conditions (“Terms and Conditions”)
constitute an agreement between you and Experian Information
Solutions, Inc. (“Experian”) and apply to your access to and use of
your Account, the AutoCheck Site, and Reports. If you do not
agree to be bound by all of the Terms and Conditions, you must
immediately cease all access to and use of your Account, the AutoCheck
Site, and Reports. Experian reserves the right (in
Experian’s sole discretion and without notice to you) to update,
revise, supplement or otherwise change the Terms and Conditions and
your continued use of any Reports or the AutoCheck Site subsequent to
any such changes shall constitute your acceptance of all such changes
and the updated Terms and Conditions as of the date of such change.
Experian makes the AutoCheck Site and Reports from the AutoCheck Site
available solely to and for use by consumers for evaluating vehicle
history for their own personal, non-commercial use in accordance with
these Terms and Conditions. Dealers and those requiring Reports
for Commercial Use may purchase and access Reports solely through a
subscription to Experian’s commercial AutoCheck offering, explained in
detail at
www.autocheckmembers.com.
EXPERIAN RESERVES THE RIGHT TO CHANGE, MODIFY, OR DISCONTINUE ANY
FEATURE OF THE AUTOCHECK SITE OR REPORTS AT ANY TIME WITHOUT NOTICE TO
YOU.
1.Your Account. You hereby: (i) certify to Experian
that the personal information provided when you registered your
Account with Experian is complete and accurate and relates solely to
you and your correct identity, and that you have provided a valid
email address; (ii) agree that the Account is for your own personal
use and that you shall not provide any other person your credentials
or access to your Account; and (iii) agree that Experian may provide
any notices to you concerning your Account, these Terms and
Conditions, or otherwise relating to your use of the AutoCheck Site or
the Reports at the email address you provided when registering your
Account.
2.AutoCheck Site and Report License Grant. Experian hereby
grants to you a limited, personal, non-exclusive license to access the
AutoCheck Site and to access, download, view, and use the Reports for
which you have paid for your personal use and not for any Commercial
Use. You may not share or transfer a Report to or with any third
party, other than in connection with your purchase or sale of a
vehicle for your personal use. For purposes of these Terms and
Conditions, "Commercial Use" means access to or use of any Reports or
information in any Reports in any of the following activities:
(i) buying or selling automotive vehicles other than for your
own personal use, (ii) the resale, sublicense, or distribution of any
Reports, (iii) analysis between or among groups of vehicles[GD1], or
(iv) for any other business or commercial benefit or purpose.
3.AutoCheck Site Access and Use Restrictions. You shall
not use robots, spiders, or data mining or extraction tools or
processes to collect information or Reports at the AutoCheck Site or
engage in any webscraping, screenscraping, or other similar practices
to access the AutoCheck Site, Reports, or any information or data
accessible from or through the AutoCheck Site.
4.Report Restrictions. Except as set forth in these
Terms and Conditions, in no event shall you directly or through any
third party: (i) revise, modify, alter, copy, publish, retransmit,
sell, compile, or transfer any Report or any information set forth in
a Report; (ii) create any derivative works from a Report or any
information in a Report; (iii) remove, alter, or obscure any
trademark, copyright, or any other notice set forth on a Report; or
(iv) use any Report or information set forth in a Report to identify
or contact any current or previous owners of a vehicle for which you
obtained such Report.
You hereby agree that you shall use the Reports and all information
in the Reports in full compliance with all applicable federal, local,
state and foreign laws, rules, regulations, and decisions.
5.Certification of Personal Use. You hereby certify to
Experian that the information you have provided at your Account is
complete and accurate and that your use of the Account and Reports has
been and will be solely for your own personal use and not for any
Commercial Use. In the event Experian suspects you are accessing
or using the Reports or accessing the AutoCheck Site for Commercial
Use, then Experian may immediately suspend your Account and require
that restoration of your Account is conditional upon your respond to
an email notice sent to the email address you provide at your Account
in a manner satisfactory to Experian that you certify the following to
Experian in writing that: (i) you have accessed Reports solely
for vehicles for personal use by you or members of your immediate
family; (ii) you have not accessed or used any Reports for any
Commercial Use; and (iii) you are not sharing or distributing any
Reports to any third party other than a family member or a prospective
purchaser of a vehicle that you currently own. You also shall
provide to Experian within five (5) days following Experian request
any information or materials that Experian may request in support of
such certifications. In the event Experian determines in its
sole judgement that your use of the Account and Reports is for
Commercial Use, then Experian may terminate your Account
immediately.
6.Remedies for Commercial Use. In the event Experian
determines in its sole judgement that you have been accessing and
using Reports for Commercial Use, then Experian may elect any or all
of the following remedies: (i) suspend, deactivate, and/or
terminate your Account and access to Reports without refund of any
prepaid fees; (ii) require payment from you in an amount equal to
Experian’s standard fee per Report that Experian reasonably determines
you have accessed for Commercial Use. All such amounts
shall be payable by you upon demand by Experian. Any Report
accessed by a Commercial User ineligible for AutoCheck Buyback
Protection.
7.Report Record Limitations. Experian compiles Reports
using records from numerous third party sources in an effort to report
a comprehensive history with respect to each vehicle relative to its
vehicle identification number (“VIN”). Experian does not have
all information from all data sources and may not have information
available to other parties, including other vehicle history providers.
Experian has no control over how you may use the information you
obtain from a Report and does not attest to the validity of any
information in a Report or guarantee the condition or reliability of
any vehicle. You are fully and solely responsible for your use
of the Reports and your vehicle purchase and sale decisions.
YOU HAVE SOLE CONTROL AND RESPONSIBILITY FOR YOUR USE OF THE REPORTS
AND IN NO EVENT CAN EXPERIAN PROVIDE ASSURANCE THAT A REPORT PROVIDES
A FULL OR COMPLETE HISTORY AND DISCREPANCY INFORMATION RELATING TO ANY
VEHICLE. YOU ACKNOWLEDGE AND AGREE THAT ADDITIONAL TITLE BRANDS,
ACCIDENT RECORDS, ODOMETER READINGS, OR OTHER DISCREPANCIES OR RECORDS
RELATING TO A VEHICLE MAY EXIST THAT ARE NOT LISTED ON A REPORT AND
THAT A VEHICLE HISTORY REPORT DOES NOT SUBSTITUTE FOR A PHYSICAL
INSPECTION OF A VEHICLE.
8.DISCLAIMERS.
Experian does not guarantee or assure your access to the AutoCheck
Site or to Reports, does not attest to the validity or accuracy of any
information or data found in a Report, and shall not be liable for any
delay or failure to make available the AutoCheck Site or any Report.
NEITHER EXPERIAN NOR ITS DATA SOURCES ASSUME ANY RESPONSIBILITY
FOR ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY INFORMATION OR DATA
SET FORTH IN OR/ OMITTED FROM ANY REPORT. EXPERIAN PROVIDES THE
REPORTS TO YOU "AS IS", AND EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE
REPORTS.
9.Content at the AutoCheck Site. Experian may from
time to time make available general used car buying information as a
free service to prospective used car buyers at or via links from the
AutoCheck Site. Experian does not attest to the validity or
usefulness or results of use of such content and makes all such
content available “AS IS.” You agree that you are responsible
for your use of all such content and information. EXPERIAN DOES
NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU MAY
CAUSE TO YOURSELF, OTHERS, OR PROPERTY RESULTING FROM YOUR USE OF OR
REFERENCE TO CONTENT PROVIDED AT THE AUTOCHECK SITE. If you find
something on the site that you disagree with, or have any suggestions
to improve our site, please contact Experian at
customersupport@experian.com.
10.Promotion Terms and Conditions. Experian may make
available promotion codes for access to and use of Reports. All
promotion codes are valid for a limited time only and are subject to
all restrictions set forth in the applicable offer. Experian
reserves the right to cancel or modify any offer at any time without
notice. Promotion codes may only be used once, are not
transferable, and may not be resold.
11.Termination. Experian reserves the right to
suspend or terminate your Account, access to and use of the AutoCheck
Site, and any Reports at any time for any reason or no reason at all.
12.Ownership. Experian retains ownership of the AutoCheck
Site, all Reports, and all content and intellectual property rights
associated any e-mail or other communication you send to Experian
relating to the AutoCheck Site. You acknowledge that the
AutoCheck Site and Reports contain or use copyrighted material,
trademarks, service marks, database rights, and other proprietary
information and that except as expressly set forth in Section 1 of
these Terms and Conditions, nothing in these Terms and Conditions or
your access to or use of the AutoCheck Site grants to you any license
or other right with respect to the AutoCheck Site, the Reports, or any
trademark, patent, copyright, trade secret or other intellectual
property right.
13.INDEMNIFICATION. YOU SHALL DEFEND, INDEMNIFY, AND HOLD
HARMLESS EXPERIAN FROM ANY AGAINST ANY THIRD PARTY CLAIMS OR LOSSES
(INCLUDING COSTS, EXPENSES AND ATTORNEY FEES) ASSERTED AGAINST
EXPERIAN ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE AUTOCHECK
SITE OR REPORTS OTHER THAN AS EXPRESSLY PERMITTED IN THESE TERMS AND
CONDITIONS.
14.LIMITATIONS OF LIABILITY. Experian’s entire liability
for any breach of these Terms and Conditions or otherwise in
connection with your use of or access to your Account, the AutoCheck
Site, and the Reports shall in no event exceed the fees you have paid
to Experian for your use of the AutoCheck Site and the Reports.
IN NO EVENT SHALL EXPERIAN HAVE ANY LIABILITY FOR ANY SPECIAL,
CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES IN CONNECTION WITH
YOU’RE YOUR ACCOUNT, THE AUTOCHECK SITE, OR ANY REPORTS.
15.Modification of Terms and Conditions. Experian may
modify, revise, supplement, or otherwise amend the Terms and
Conditions at any time without notice to you. All such changes
shall be effective as of the date Experian posts such changes in these
Terms and Conditions. Your use of the AutoCheck Site after the
date of posting shall constitute your acceptance of all such
changes.
16.Assignment. You may not assign any rights or duties
under these Terms and Conditions without Experian’s prior written
consent. Experian may assign its rights and duties under these
Terms and Conditions at any time and without notice to you.
17.Notices. Experian shall provide any notices to you
pursuant to these Terms and Conditions at the email address you
provided when registering your Account. You shall provide any
notices to Experian pursuant to these Terms and Conditions at the
following address:
18.Disputes. These Terms and Conditions and any disputes
between you and Experian in connection with these Terms and Conditions
shall be governed by the internal laws of the State of Illinois
without regard to its conflict of law provisions. You and
Experian agree to submit any claims or disputes relating to these
Terms and Conditions, the Reports, or the AutoCheck Site to the
personal and exclusive jurisdiction of the state or federal courts
located within Cook County, Illinois. You agree that monetary
damages may not provide Experian a sufficient remedy and that Experian
may seek injunctive or other equitable relief for any such violations
without the requirement of posting a bond.