iSeeCars Terms of Use
This website (the "Site") is owned and operated by OmniSee LLC ("iSeeCars"). THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE free and paid SERVICES PROVIDED ON THIS SITE LOCATED AT iSeeCars.com ( "SITE"), as well as to any versions of the Site that iSeeCars operates such as its mobile apps, AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. iSeeCars reserves the right to revise these Terms at any time and we shall notify you of such revisions by posting an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms at https://www.iSeeCars.com/Terms.jsp. Your continued use of the Site shall constitute your consent to such changes.
Our Services
iSeeCars provides services to help users better research, search, buy and sell cars. Certain iSeeCars services are provided to you free-of-charge. Other iSeeCars services such as the iSeeCars Vehicle History Report and the iSeeCars VIN Report available at www.iSeeCars.com/vin and mobile apps require payment before you can access them. The iSeeCars services that may be accessed after payment are currently referred to as the "iVIN Lite" and the "iVIN Pro" (together, the "Paid Subscriptions").
General Use Restrictions
iSeeCars and its licensors retain all rights in the information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials"). iSeeCars grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site on such computer, provided that: (1) both the iSeeCars copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media to any third party, or otherwise used or distributed for any commercial purpose). You acknowledge and agree that you have no right to, and will not, modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of iSeeCars or the owner of such Material, respectively.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without the advance written authorization of iSeeCars.
Third Party Content
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of iSeeCars (the "Third Party Content"). iSeeCars does not endorse or approve and is not responsible for monitoring, reviewing or the accuracy, completeness or reliability of any opinion, advice, information or statement made on this Site and you agree that you shall have no right of recourse against iSeeCars for any liability arising out of your use (or lack thereof) of such Third Party Content.
Availability
iSeeCars will not be responsible for any downtime or unavailability of the Site. iSeeCars reserves the right to alter, modify or discontinue the Site or any content or services therein at any time without notice.
Links To Third Party Sites
This Site includes links to other World Wide Web sites or resources ("External Web Sites"). iSeeCars does not control, endorse or approve such External Web Sites or any services, resources, products or content available therein. Because iSeeCars has no control over External Web Sites, you acknowledge and agree that iSeeCars is not responsible for anything relating to, or any results of, your use of or access to such External Web Sites or any services, resources, products or content therein. You further acknowledge and agree that iSeeCars shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any External Web Sites or any services, resources, products or content therein. Finally, such External Web Sites usually have their own terms and conditions, including privacy policies, over which iSeeCars has no control and which will govern your rights and obligations with respect to the use of those External Web Sites. You use such External Web Sites at your own risk, so iSeeCars encourages you to read and consider all such terms, conditions and policies before providing any information or using any services, resources, products or content available on any External Web Sites.
Affiliate Disclaimer
When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network. iSeeCars does not accept any compensation for our independently conducted automotive studies or reviews.Privacy Policy
Any information you may supply to us via this Site is governed by the iSeeCars Privacy Policy that is available at (the "Privacy Policy").
Submissions
You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not iSeeCars, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. By making any Submission, you represent and warrant that such Submission will not infringe, misappropriate or otherwise violates the rights of any other party, and shall comply with all laws and regulations; you agree to indemnify and hold iSeeCars harmless from any breach of the foregoing. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that iSeeCars shall be free to use, incorporate or disseminate a Submission on an unrestricted basis for any purpose without payment to any party. If you submit information to the Site, you grant iSeeCars a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, use, copy, exploit, and prepare derivative works of the Submission. YOU RETAIN ALL OTHER OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO iSeeCars.
Window Stickers, Vehicle History Reports, iVIN Reports and Account Subscriptions
iSeeCars products and services including the (a) Window Stickers, (b) Vehicle History Reports, and (c) iVIN Reports and Account Subscriptions are based on information supplied to iSeeCars. Vehicle information is provided by the seller or other third parties. iSeeCars is not responsible for the accuracy of such information, nor errors or omissions in the information. Actual vehicle information and options should be verified independently. (a) Window Sticker Description: The iSeeCars Window Sticker is a recreation of a vehicle’s original factory window sticker that shows information about the original pricing and equipment. iSeeCars does not guarantee coverage for all makes, models, or trims; nor that the information provided is accurate and complete. It is not intended to provide vehicle history, legal or financial advice. You assume full responsibility with respect to your decisions and purchases of the iSeeCars Window Sticker.(b) Vehicle History Report Description: The iSeeCars Vehicle History Report includes comprehensive title checks, salvage and junk checks, accident checks, recall checks, theft checks and title history records, as well as proprietary analysis and third-party information about vehicles. The NMVTIS Consumer Access Product Disclaimer provides details about access to data from the National Motor Vehicle Title Information System (NMVTIS). You assume full responsibility with respect to your decisions and transactions while using the iVIN Vehicle History Report.
(c) iVIN Report Description. The iVIN Report is a personal VIN data analysis report with proprietary and third-party information that helps present information about vehicles. It is not intended to provide vehicle history, legal or financial advice. You assume full responsibility with respect to your decisions and transactions while using the iVIN Report Services.
(d) Right to Access and Use the iSeeCars Window Stickers, iSeeCars Vehicle History Reports, iSeeCars iVIN Reports, and Account Subscriptions. Site visitors and all other users who (i) purchase a Window Sticker or Vehicle History Report, or (ii) register for free and unpaid subscription plans are hereby granted limited, revocable, non-exclusive and non-transferable access and use of the (i) iSeeCars Window Sticker or Vehicle History Report, and the (ii) iSeeCars iVIN Reports and Subscription service in the United States solely for your personal use and only in accordance with these Terms of Service. Any business user must self-identify as a “Business” when registering for the Subscription Service or contact iSeeCars by email at help [at] iseecars.com and do so after registering. All Business users and iVIN Pro subscribers are subject to a non-negotiable monthly lookup quota and location restrictions, and will be required to upgrade to an enterprise plan to continue Access and Use at the sole discretion of iSeeCars. Users are not authorized to access any iVIN Reports or paid content outside of the United States, with a VPN or through a proxy. All Subscriptions are limited to one user and a maximum of two devices.
(e) Illegal and/or Unauthorized Use. Without limitation, any activities or the use of any Services that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms of Use, (ii) the rights of iSeeCars, any affiliate or licensor, or any other third party, or (iii) any law or regulation, may be investigated. iSeeCars may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations without the requirement that iSeeCars post a bond.
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.
Payments and Cancellations
(i) Window Stickers and Vehicle History Reports, and (ii) Paid Subscriptions can be purchased directly from iSeeCars (i) by making a one-time purchase or (ii) by paying a monthly subscription fee. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to (i) purchase a Window Sticker or Vehicle History Report, or (ii) access the Paid Subscriptions. You agree to maintain a valid payment method during the term of your use.Use of the Window Sticker, Vehicle History Report and Paid Subscriptions may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use. iSeeCars assumes no liability or responsibility for the payment of any charges you may incur.
Your payment of a Paid Subscription to iSeeCars will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription before the end of the current subscription period, iSeeCars will not refund any subscription fees already paid. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to iSeeCars, please contact Customer Support.
iSeeCars may change the price for the Window Stickers, Vehicle History Reports, and Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Paid Subscription service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Subscription service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Trademarks
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of iSeeCars or others used on this Site are the property of iSeeCars or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of iSeeCars or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, the look and feel of the Site, text elements, site design, graphics, images, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of iSeeCars or its licensors, Copyright ? 2004-2005 iSeeCars, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.
Copyrights and Designated Agent for Notification of Claims of Infringement
iSeeCars respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the claim of infringement in writing to iSeeCars's designated agent with the following information: (1) a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
iSeeCars's designated agent for notice of claims of copyright infringement:
Under the appropriate circumstances, it is iSeeCars's policy to remove and/or to disable access from the Site to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from the Web Site to web pages as to which there have been steps taken for the purpose of affecting iSeeCars's search results such as adding inappropriate "meta-tags."
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by iSeeCars, and agree that iSeeCars does not warrant the accuracy, completeness or timeliness of the Materials and further agree that iSeeCars has no liability for any errors or omissions in the Materials, whether provided by iSeeCars or its licensors.
iSeeCars, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD PARTY CONTENT. iSeeCars DOES NOT WARRANT THAT YOUR USE OF THE WEB SITE, OR THE OPERATION OR FUNCTION OF THE WEB SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
NEITHER iSeeCars NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED OR LOSS OF USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS iSeeCars LIABILITY OR YOUR REMEDIES. THE MATERIALS ON THE SITE, OR OTHERWISE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF iSeeCars WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless iSeeCars, its affiliates, officers, directors, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Site and/or; your connection to the Site; (2) your violation of the rights of others, these Terms, or any intellectual property or other right of any person or entity; or (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you.
General
iSeeCars controls and operates this Site from its headquarters in Andover, MA and makes no representation that the Materials or any Third Party Content on the Site are appropriate or will be available for use in locations other than the United States. If you use this Site you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by applicable state law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the relevant federal and state courts. These Terms are personal to you and you may not transfer, assign, or delegate these Terms to anyone without the express written permission of iSeeCars. Any attempt by you to assign, transfer, or delegate these Terms without the express written permission of iSeeCars shall be null and void. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of iSeeCars to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iSeeCars in writing. These Terms comprise the entire agreement between you and iSeeCars and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
