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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.