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TERMS OF USE

Effective Date: January 22, 2020

Welcome to vinsolutions.com, a website owned and operated by VinSolutions, Inc. (“VinSolutions”). In this Terms of Service, the terms “VinSolutions,” “we,” “us,” and “our” refer to VinSolutions, Inc. and the terms “you” and “your” refer to you as a user of this website.

These Terms of Service (“Terms”) are for employees and representatives of motor vehicle dealerships, vehicle manufacturers, financial institutions, government agencies and other business entities.

By using this website, you accept the terms of this Terms of Service. This is a legally binding agreement between you and VinSolutions; please read it carefully. When using this website, you may be subject to other posted terms and guidelines applicable to certain services available on this website. All terms and guidelines on this website, including our Privacy Statement, are part of this Terms of Service. Unless explicitly stated otherwise, any features or services available at any time on this website are subject to this Terms of Service. Accessing this website in any manner, even through automated means, constitutes your use of the website and your agreement to be bound by this Terms of Service. We may change the terms of this Terms of Service from time to time and will revise the effective date when it does so. Your continued use of this website after the posted effective date constitutes your agreement to be bound by this Terms of Service as modified, except that modifications do not apply to any dispute arising prior to their effective date. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The material that appears on this website is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the site may, from time to time, contain errors. Our site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification.

We invite you to bring to our attention any materials or information on our website that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service department, VinSolutions, Attn: Customer Service, 5700 Broadmoor Mission, KS 66202 along with an explanation of the inaccuracies or call (800) 980-7488.

Description of Service. This website is operated only as an advertising and research service; This website contains research, advice, resources and other content, including, (collectively, the “Content”) for individuals working in the automotive or related industries, as well as opportunities for such individuals to connect with each other, with VinSolutions and its affiliates, and with relevant advertisers.

The Content is for your general informational purposes only. The Content may include errors or omissions, and it may include material collected from and provided by third parties that we have not verified or reviewed. We make no guarantees regarding the accuracy or reliability of any of the Content, and you should not rely on it without independent verification. We reserve the right at any time to modify, update, suspend or discontinue all or part of this website and/or the Content, including your account(s) and any content that you create, with or without notice to you. You agree that VinSolutions will not be liable to you or to any third party for any such modification, suspension or discontinuation.

Ownership and Permissions. This website and the Content are the property of VinSolutions, its affiliates and licensors, and are protected by U.S. copyright laws, international conventions and other copyright laws.

The names of other products and services on this website may be the trademarks of their respective owners. The Content and any trademarks and service marks on this website shall at all times remain the property of VinSolutions its affiliates or third party owners.

Except as explicitly provided in these Terms, you may not sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from or otherwise exploit any part of this website or any of the Content. You may not use automated means, such as robots, screen scrapers or spiders, to collect and/or index any of the Content. You may display, print or save a single copy of any page of this website or a single copy of any downloadable report, brochure, research paper, presentation or other downloadable document for your own use, but you may not otherwise reproduce any of the Content without the written consent of the owner. You may not store any significant portion of, or distribute copies of, the Content in any form (including electronic form), without VinSolutions’s prior written consent.

You may place on your website a hyperlink to the homepage of this website as long as nothing about the link or the context in which it is placed states or implies any endorsement or sponsorship of you, your company or your website by VinSolutions. You may not frame any part of this website, nor incorporate into another website, application or service any intellectual property of VinSolutions its affiliates or its licensors.

We may terminate your access to this website if you appear to have infringed the intellectual property rights of others, and/or we may remove material that has prompted a complaint of infringement or appears to us to be infringing. If you believe that your intellectual property rights have been infringed by content posted or distributed via the website, please notify us by sending an email to dmca@autotrader.com or by sending a notice by U.S. Mail to: AutoTrader.com, 3003 Summit Boulevard, Suite 200, Atlanta, Georgia 30319, Attn: Legal Department/Copyright.

You further agree that you will not attempt or do any of the following:

  1. interfere with or disrupt this website, VinSolutions or our computer systems, servers or networks;
  2. attempt to gain unauthorized access to any part of this website, to accounts that belong to other users, or to computer systems or networks connected to this website;
  3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
  4. collect information about others without their consent;
  5. interfere with the use of this website by any other individual or party;
  6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
  7. share any user name and/or password you have on this website with any other person.

Without limiting any of VinSolutions ‘s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on this website or on our affiliated websites and services and a ban from creating new accounts on this website.

Survey Responses, Feedback and Other Communications with Us. By submitting ideas, survey responses, feedback, suggestions, comments, documents and/or proposals to VinSolutions (either directly or through our third-party service providers) through surveys, the “contact us” form, email or other communications, you acknowledge and agree that such communications: (a) do not contain confidential or proprietary information; and (b) automatically become the property of VinSolutions without any obligation of VinSolutions to you. You agree that VinSolutions shall be entitled to use, copy, modify, disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute the content of any of your communications with us for any purpose, in any way, in any media worldwide, and that you are not entitled to any compensation or reimbursement of any kind under any circumstances with respect to your communications with us.

Your Account(s) and Registration(s). In the event that you create an account on this website or register for any service offered through this website, you agree to provide accurate, current and complete information about yourself and, if applicable, your company, and to update that information if it changes. Failure to provide accurate and timely information may result in your account being closed and/or your access to the Content or this website provided through your account being suspended or discontinued.

Your right to use this website is personal to you and you may not sublicense, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void. You agree that you are responsible for all use of your account (under any name or password), and you agree that VinSolutions can assume that any communication from your account using your account name and password came from you.

As part of the process of creating an account or registering for a service provided through this website, you will choose a password. It is your responsibility to keep this password confidential. If you find out that your password or account is being used by someone else, or you discover any other breach of security, you agree to notify our Customer Service Team immediately.

VinSolutions reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.

Termination. You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to all or part of this website. Some of the reasons for such termination may include, but may not be limited to, (a) a breach or violation or suspected breach or violation of these Terms or other incorporated agreements or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of this website, (d) technical or security issues, or (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to this website or the Content.

Links and Widgets. This website may include links or widgets to other websites or to applications that we do not control. We are not responsible for the content, products or services available through these websites or applications, which are subject to their own terms of use and privacy policies. Such links and widgets are for your convenience and do not imply our endorsement. You release VinSolutions, Inc. from any damages that you may incur, and agree not to assert any claims against us, arising from your use of any third-party websites or applications or from your purchase or use of third-party products and services.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. VINSOLUTIONS PROVIDES THESE SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. VINSOLUTIONS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VINSOLUTIONS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE CONTENT AND OF ANY PRODUCTS OR SERVICES ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; (v) SERVERS THAT MAKE THE CONTENT AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VINSOLUTIONS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VINSOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITES OR THE CONTENT OR THE USE OF ANY MATERIAL MADE AVAILABLE THROUGH ANY OTHER WEBSITE OR SERVICE ACCESSIBLE FROM THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT VINSOLUTIONS IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE WEBSITES OR THE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

INDEMNITY AND RELEASE. When you use this website, you are agreeing to indemnify VinSolutions, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or related in any way to your use of this website or the Content, including any content you provide, or any breach of these Terms.

This Terms of Service has been made in, and will be construed in accordance with the laws of, the State of Georgia, without regard to its choice of laws rules. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Terms of Service or the use of this website.

Please report any violations of these Terms to our Customer Service Team.