EPICVIN TERMS OF SERVICE
1. AGREEMENT TO BE BOUND; CHANGES TO TERMS. This document is a legal agreement between you and EpicVin that outlines the rules dictating how you may use our products and services, (“Services,”) which are made available through our Web site, http://www.EpicVin.com. Any use of the Web site, products, or services constitutes an acceptance by you to be bound by these Terms.
We may update these Terms at our discretion and from time to time, which may include future terms, licenses, and other policies or procedures. In such an event we will notify you through email and by prominently posting a notice to the Web site. Do not use our Services if you do not agree to such changes. If you continue to use EpicVin.com after any posted changes your use will indicate your agreement to the modified Terms.
We reserve the right to refuse access to any Service for any reason or no reason, including non-compliance with these Terms.
2. DESCRIPTION OF EPICVIN SERVICE. We provide critical, real-time data through Vehicle History Reports and Auto Auction Records Reports to automotive dealers and consumers who are interested in purchasing used vehicles. Additionally, we offer Vehicle Inspection Reports and complementary services that include a VIN Decoder and Vehicle Recalls Check. Our Vehicle History Reports contain data that the National Motor Vehicle Title Information System (NMVTIS) provides and both lien and theft information that NMVTIS does not provide. Our Vehicle History Reports may contain information from the auto auction database if the vehicle has ever been sold via auction. This includes photos and details that the public has access to on the auto auction website when the vehicle was available for sale. We also offer this information in EpicVin Auto Auction Records Reports. EpicVin Vehicle Inspection Reports are made up of data from our representatives that perform the vehicle inspections.
We do not warrant that the information we provide in these reports is always accurate or complete. It is provided for informational purposes only and should not be relied upon as the sole source of information when purchasing a used vehicle. Any reliance is at the user’s own risk.
3. AGE REQUIREMENTS FOR USE OF SERVICE. EpicVin’s services are accessible to those age 13 and older, but those under the age of 18 must obtain and hereby warrant that they so have obtained parental or guardian consent where the parent or guardian agrees to be also bound by these same Terms.
4. SOFTWARE AND HARDWARE REQUIREMENTS. To use EpicVin’s services, you do need Internet access and certain software that you may be responsible to pay for. Additionally, upgrades and updates are likely to be needed occasionally. We recommend high speed Internet to access our site because performance may be hindered otherwise. We do not warrant that your computer or device will be compatible with the Services. We shall not be responsible for your failure to access the site or our Services, and no refunds shall be granted in such an event.
5. WHAT YOU SHOULD AND SHOULD NOT EXPECT FROM EPICVIN.
a. QUALITY AND DELIVERY. While we endeavor to provide uninterrupted service, we cannot guarantee that you will never experience disruptions or delays. As you may be accessing EpicVin’s services on a cellular system, Internet lines, or a public switched telephone network, power outages or other interruptions may occur that are out of our control.
b. TECHNICAL IMPROVEMENT AND MAINTENANCE. We may, at any time, change our Service offerings to ensure regulation compliance and to make certain our offerings are up-to-date. Repairs or updates to our system may necessitate that we limit or even suspend services.
c. CONTENT OF COMMUNICATIONS. We do not have the ability to control any content that is disseminated by the use of our Services. Content is the sole responsibility of the entity that originates it. Because of this, there is the possibility that content you encounter may be offensive, illegal, or otherwise questionable.
d. GENERAL PRACTICES REGARDING USE AND STORAGE. We do not accept liability for any content that we maintain. Additionally, we do not accept responsibility for information that is deleted or transmitted from the system. We have the right to limit use of our Services at any time.
e. CONTENT OF THE SERVICE. We may, at any time, delete or refuse to disseminate any content that appears via our Services. EpicVin is not responsible for any third-party content and may access and/or disclose information it believes needed to:
- meet any legal requirements
- enforce these terms of service
- protect from cyber threats and technical problems
- answer user concerns
- secure the integrity of EpicVin, its users, and the public
f. TERMINATION. In addition to altering these Terms at any time, EpicVin also may terminate its Services at any time and/or your use thereof, with or without cause.
6. WHAT EPICVIN EXPECTS FROM YOU.
You are required to have an EpicVin account to use our Services. We generally limit registrations to unique individuals, and account transfers are typically not granted.
a) Account information must be the same as information an individual uses for his or her identification method. Single individuals or legal entities may use an account. Should you create an additional account, you may have to pay additional fees. You must also obtain our written permission to transfer your account to any third party. It is not our policy to withhold consent to the transfer of an account in good standing.
b) We may suspend or terminate your account at any time for any reason without notification. Should we do so, you will not receive a refund or be compensated in any way for remaining subscription time or anything else.
c) Remedial actions may be taken against delinquent accounts.
d) If you breach the Terms of Service or are late on a payment, resulting in your account being suspended or terminated, Epinvin reserves the right to suspend or terminate any account that you or anyone associated with your organization have.
e) To retain access and maintain your electronic records, you may need to have specific hardware and software. By submitting data to EpicVin.com, you acknowledge your agreement to abide to our terms of service and pay for transactions you agree to take part in on our site. This includes notices of cancellation, contacts, applications, and policies.
6. PAID SERVICES/AGREEMENT TO PAY.
- We reserve that right to change prices and the availability of our Services at any time.
- We require you to have an account to use our Services, which requires payment of a fee. Visit the Services section of our website for information about fees.
- We may change our billing methods or fees at any time. Clients with a monthly subscription for EpicVin services will be given 30 days’ notice via our Terms of Service posted on EpicVin.com.
- Should you elect to cancel your subscription, you may do so at any time. Any fees that are on your account will not be refunded or prorated. Additionally, we may charge you for any applicable sales tax.
- Account holders are solely responsible for any incurred charges. This includes all purchases and applicable taxes, even purchases that are made unlawfully, fraudulently, and without your authorization. If you believe your account has been compromised you should immediately contact us.
- Charges or fees of any sort that you incur via a third-party linked to on EpicVin.com are your responsibility.
7. INTELLECTUAL PROPERTY RIGHTS. U.S. and international intellectual property laws protect EpicVin Rights, made up of the Services that we offer and own all right, title, and interest to. As a user of our Services, you agree not to copy, modify, or create derivative works based off of our offerings. Additionally, you will not use any automated or manual process to copy or monitor our content.
You are not allowed to use our Service marks, logos, trademarks, trade names, or any other brand features without written permission from us. Third-party content that appears in our Services is not included in EpicVin Rights. Conversely, we are not responsible for any content that you post to our website directly or via a third party. As such, you are responsible for protecting your intellectual property. Your posting of content on our Services constitutes your intent to allow EpicVin a worldwide, non-exclusive, royalty-free license to use such content as we deem appropriate. Content posted via our Services remains posted at our discretion.
8. GENERAL COMPLIANCE WITH LAWS. EpicVin operates its services from offices located in the United States. Your use of our Services affirms that you comply with all applicable laws, statutes, ordinances, and regulations.
9. ENFORCEMENT OF THESE TERMS. We may use any means we feel necessary to enact all terms of service in this agreement. This includes EpicVin’s need to comply with all related legal processes. Your use of Epinvin’s services means you submit to us the right to disclose any volunteered information to law enforcement authorities, municipal entities, or others reasonably necessary for compliance purposes without liability to you.
10. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES. Third-party content that appears on EpicVin.com and third-party websites that we link to are not the responsibility of EpicVin. Additionally, we will not have any liability or responsibility for third-party collected data. This includes information that is related to the condition, safety, marketability, merchantability, quality, ownership history, and accident history of any passenger motor vehicle or data contained in or omitted from a passenger motor vehicle ownership or registration document that any state in the United States issues, including the District of Columbia, or any Canadian province. We are in no way responsible for your use of any third-party materials.
11. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
a) You acknowledge that we may discontinue our Services occasionally and that we may cancel the Services at any time without notifying you.
b) In no way do we provide warranties of any kind, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Services are provided “as is” and “as available.” Your jurisdiction may not allow the exclusion of implied warranties. There are also no warranties provided for any vehicle for which information is listed on EpicVin.com or that we may transmit to you. This includes any information that may be contained in a vehicle history report, auto auction records report, vehicle inspection report, or from either our VIN decode service or vehicle recalls check service. We do not endorse, certify, authorize, or authenticate any vehicle, vehicle ownership document, or vehicle registration document that you may be provided via any of our Services or that a third-party supplier may send you. Other collected information may not accurately reflect vehicle history, including whether a vehicle was junked, salvaged, dismantled, rebuilt, reconstructed, damaged or tampered with in any way.
c) EpicVin and any of its affiliates may not be held liable for indirect, special, consequential, or punitive damages of any kind, including loss of use, data, or profits, whether in an action in contract, tort, or that arises out of or in any way connected with:
- An inability to utilize EpicVin.com, its content, or any services it provides
- Inaccurate content due to errors or omissions available through EpicVin.com, its software, products, or services
- Costs associated with the procurement of alternative goods and services purchased or obtained via website transactions
- Alteration of your transmissions or data and unauthorized access
- Third party conduct or statements that appear on our site
- Performance failures or delays that are the result of an act of force majeure
- All other EpicVin.com related matters, including those that EpicVin and its representatives have been advised of
Discontinued use of EpicVin.com is your sole means of remedying any dissatisfaction with the site and/or site-related services. Laws that are applicable to you may not allow the limitation of liability, implied warranties, or the exclusion or limitation of certain damages set forth previously. Therefore, this limitation of liability may not be applicable. Our aggregate liability in instances where liabilities would have otherwise been limited shall not be more than $100.
d) As we do not have any control over how you may use information you obtain from our site or the validity of that information, we do not accept any responsibility for any injury or damage that you may cause or be the victim of.
12. INDEMNIFICATION. Your use of our Services is affirmation that you will indemnify, defend and hold harmless EpicVin and its affiliates harmless with respect to any claim that may arise out of or relate to your breach of this agreement, how you use our Services, or any action that EpicVin may take due to investigations of potential or actual agreement violations.
13. EpicVin vehicle inspection services terms and conditions.
a. Not Experts; No Authentication. EpicVin affiliates who perform vehicle inspections are not experts in any field. They do not have or apply special or specific skills, knowledge, or expertise. Reports reflect layperson inspections and opinions, arrived at during the time of a personal examination that will not include a test drive of any kind.
b. No Guarantee. Information contained in our reports is not guaranteed. Additionally, as it is atypical for us to take possession of vehicles, we cannot guarantee that substitutions or changes will not be made after our inspection is completed. We offer no guarantee regarding the condition of any vehicle.
c. Authorized Communications. Inspectors may not be communicated with directly. Additionally, only an individual who places an order may contact us regarding said order.
d. Scope of Order. We are not required to divulge any information or facts not within the express scope of an order that are not contained in our expressly described services.
e. Order Fulfillment Policy. Our goal is to provide you with your report no later than four business days following your order placement. Due to unforeseeable volume and other factors, we do not guarantee this timeline, it is simply a goal.
f. Cancellation Policy. We will not issue refunds for orders canceled after an inspector begins implementing an order. If an order is canceled prior to an inspector starting to implement the order, we will refund 50% of the order price. We define implementing the order as the inspector having made an appointment with with the owner/seller of the vehicle or having arrived at the property where the owner/seller has the vehicle located.
g. Title to Goods or Property. We do not verify, warranty, or guarantee that the person we conduct our inspection with actually owns the vehicle.
h. Use of subcontractors. We reserve the right to subcontract our Services as we see fit.
i. Maximum Inspection Time. At most our inspector will spend 15 minutes examining the vehicle for which you have ordered an inspection. The exception to this is any approved custom order that necessitates more time for examination.
j. No Shows. You will be charged the full fee of the inspection if our inspector connects with the owner and sets a time to perform the inspection. The charge will still be applied even if the seller fails to appear at the site of the inspection at the appointed time and we do.
k. Entry Upon Private Property. Should we find it necessary to enter private property to complete your order, it will be your responsibility to secure any required consent and provide us with confirmation of that consent. We will not be held responsible for expenses or losses of any sort that we may incur when gaining entry to private property to complete your order.
l. No Offer. We provide our Services in the United States only. We do not offer or promise to provide any service or product of ours or any third party available to you. The collection of your self-reported information does not constitute an attempt by us or any third parties to sell services or products in any jurisdiction where they are unauthorized.
14. CHANGES. We may revise our Terms of Service or services at any time. Such changes are effective immediately, and you show you accept these changes with your continued use of our Services.
15. NOTICES. Notices regarding our Services are effective immediately and may be sent to you via the email address you have entered in your account contact information. Alternatively, we may send you a letter via postal mail to the address that you have entered in your account contact information.
16. GOVERNING LAW. The internal law of the State of Florida shall govern any questions that concern the validity, construction, and interpretation of these Terms of Service. Suits, actions, or proceedings related to these Terms of Service shall be brought in the court in Miami-Dade County, State of Florida. Parties irrevocably waive, to the fullest extent that the law allows, any objection it may have presently or in the future to the agreed upon venue in any such suit, action, or proceeding. The final judgment resulting from any such suit, action, or proceeding that is brought in any such court shall be binding and enforceable in any court that the party is subject to jurisdiction by a suit upon such judgement.
17. MISCELLANEOUS. Should any portion of these Terms of Service be found invalid or unenforceable, it will not negate the remaining portions, which will still be in full force and effect. These Terms of Service serve as our agreement with you and dictate your use of our Services, excluding any previous agreements between you and us. Our failure to enforce a provision or right contained within the Terms of Service does not negate that provision or right, or any other aspect of these Terms of Service. Bear in mind that you may subject yourself to terms and conditions of others when you access affiliate services, third-party content, or third-party software. We will not be responsible for an inability to fulfill any obligations because of conditions that are not within our control.
18. Feedback and Information. We are free to use any feedback you submit via this site in any manner we see fit.
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 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.
NVS Data Disclaimer
EpicVin uses the National Vehicle Service (NVS) database to obtain lien information for use in Vehicle History Reports. This information is presented “as is,” and NVS records may not be complete. We make no warranty, expressed or implied, as to the validity of this data.
EpicVin Vehicle Inspection Report Disclaimer
Vehicle Inspection Reports that we prepare should not be considered as a recommendation for making a bid or a purchase. It is not our policy to perform appraisals or issue value opinions of any kind, unless we agree specifically in writing to the contrary when you place your order.
EpicVin free services Disclaimer
We offer free services--our VIN Decoder, Vehicle Recalls Check, and Auto Auctions Check.
a) Our VIN Decoder validates coded information and presents it in a breakdown that includes: Model Year, Make, Model, Trim, Country of Manufacture, Engine Type, Body Style. We do not guarantee decoded VIN information. Users of the VIN Decoder assume all risks associated with using the VIN Decoder.
b) Our Vehicle Recalls Check uses the year, make, and model of a vehicle to identify open recalls on specific vehicles. Information that the check uses comes “as is” from the National Highway Traffic Safety Administration (NHTSA). Recalls must be remedied at no cost to consumers under federal law. Recalls, except those involving tires, are in effect for the lifetime of a vehicle. The Department of Transportation (DOT) is responsible for updating recall information weekly. We do not guarantee that such information is accurate and will not be held liable for the accuracy or completeness of this data. EpicVin is not liable for any damages resulting from the use of, or non-use of, this information.
Contact your vehicle’s manufacturer if you have questions about vehicle recall information. The NHTSA Auto Safety Hotline number is 1-888-DASH-2-DOT (1-888-327-4236).
c) Our Auto Auction Check will analyze any VIN you enter to determine if a vehicle has ever been on sale at auto auctions. We do not guarantee this information’s accuracy. Once our VIN Decoder has verified the VIN, you can get one free vehicle photo.
Dealer Program Terms
This Agreement is established between EpicVin and the subscribing partner and forms the terms and conditions for the partner’s use of the EpicVin.com Dealer or Reseller. Per the conditions of this program, EpicVin will provide the partner with NMVTIS Vehicle History Reports for resale as the Agreement specifies.
1. Payment & Fees
- EpicVin allows the partner to purchase wholesale quantities of its services for use or resale.
- The partner prepays report credits that do not expire, with the cost of each purchase dependent on the quantity of that purchase.
- EpicVin may charge any transaction fees, taxes, and fees of any other kind to cover the costs associated with delivering payment.
- Payments sent to EpicVin are non-refundable with the following exceptions: (a) unused credits can be refunded within 30 days of payment, (b) accidental payment, (c) as agreed upon by us in writing.
- EpicVin may change its pricing structure without advanced notice. At that time both parties will have the option to reimburse payments for any unused balance of credits.
2. NMVTIS Requirements
- To ensure adequate technical and marketing support to end users, eligibility for the partner to begin marketing and reselling services to the public is subject to EpicVin.com and American Association of Motor Vehicle Administrators’ testing, audit, and approval.
- The partner agrees that any agreements that it may enter into with vendors or sub-partners relating to providing NMVTIS Consumer Access shall include a provision that stipulates vendors of this sort will be subject to AAMVA audit.
- The partner shall have no ownership rights to any NMVTIS data. The exception to this will be if the partner obtains separate authorization.
- The partner agrees to prominently disclose to all eligible users the NMVTIS Consumer Access Disclaimer. This includes modifications to this disclaimer as are furnished.
- The partner is an independent contractor engaged in purchasing EpicVin.com products for its own use or for customer resale. The partner has no authority to act for, bind, or commit on our behalf as an agent or legal representative.
- The partner has no authority to make any commitment on EpicVin’s behalf with respect to quantities, delivery, modifications, interfacing capability, suitability of software or suitability in specific applications.
- The partner will not represent itself in any way as an agent or branch of EpicVin.com. The partner will immediately discontinue any representation or business practice that we find to be misleading or deceptive.
4. Term, Limitations, Termination
- This agreement is effective as of acceptance and shall continue in force until either the partner or EpicVin.com terminates it as provided in this Agreement.
- EpicVin.com or the partner may terminate this Agreement without cause at any time with written notice. Neither the expiration nor earlier termination of this Agreement shall relieve either party from any obligation that has accrued as of the date of termination.
- EpicVin.com may provide the partner written notice of amendments to this Agreement. Such amendments will automatically become a part of this Agreement within seven days from the date of the notice, unless otherwise specified in the notice.
5. Product Changes
- EpicVin.com does not guarantee that it will provide any particular product or service indefinitely or even a specific period. EpicVin.com may elect to modify any of the specifications or characteristics of its products, to remove any product from the market, and/or to cease providing or supporting any product at any time.
- The partner is encouraged to advertise and promote the sales of EpicVin.com products via all appropriate media. This includes trade show exhibits, catalogs and direct mailings, space advertising, educational meetings, sales aids, web advertising, etc. EpicVin.com must approve all such materials that use its name or trademarks.
6. Limitation of Liability
- EpicVin.com shall not, under any circumstances, including any infringement claims, be liable to the partner or any other party for any re-procurement costs, lost revenue or profits or for any other special, incidental or consequential damages. This includes even if EpicVin.com has been informed of such potential loss or damage.
- The partner agrees to indemnify, defend, and hold harmless EpicVin.com and its affiliates with respect to any liability, claim or loss, whether the partner, any customer of the partner, or any third party, arising in connection with the connection to or provision of information from NMVTIS. This indemnification shall survive the termination of this Agreement.
- Neither EpicVin.com or the partner shall have any liability to any party by reason of any delay or failure to perform any obligation or event occasioned by any force majeure, storm, fire, casualty, work stoppage, equipment failure, riot, national emergency, act of government, act of public enemy, or other causes of similar or dissimilar nature beyond its or their control.
7. Use of EpicVin.com LLC Trademarks
- The partner acknowledges that: (a) EpicVin.com owns all rights, title and interest in the EpicVin.com names and logotypes. (b) The partner will acquire no interest in any such trademarks or tradenames by virtue of this Agreement, its activities under it, or any relationship with EpicVin.com.
- The partner, who may indicate to the public that it is an “Authorized Partner” during the term of this Agreement, may also use EpicVin.com’s trademarks and tradenames to promote and solicit sales or licensing of EpicVin.com products if done so in strict accordance with EpicVin.com’s approval.
- Once this Agreement is terminated, the partner shall immediately discontinue any use of the product and EpicVin.com names or trademarks.
9. Proprietary Information
- EpicVin.com and the partner shall each exercise due diligence to maintain in confidence and not disclose to any third-party any proprietary information furnished by the other to it on a confidential basis and identified as such when furnished. As used in this paragraph, “due diligence” means the same precaution and standard of care which that party uses to safeguard its own proprietary data, but in no event less than reasonable care. The provisions of this Section shall survive for five years beyond the termination of this Agreement. Except in accordance with this Agreement, neither party shall use such information without permission of the party that furnished it.
- This Agreement does not grant any license under any patents or other intellectual property rights that EpicVin.com owns, controls, or holds licenses to.
11. Compliance with Laws
The partner will indemnify, defend and hold EpicVin.com blameless for all liability or damages that the partner’s failure to comply with the terms of this provision causes. Additionally, the partner asserts that it will comply with all laws and regulations that are applicable to the business that the partner transacts.