Welcome to VinAnalyzr.com, provided to users by MetaSwift LLC.

(“we,” “us,” or MetaSwift LLC). MetaSwift LLC created these Terms of Service (“Terms”) to govern how we operate and offer, and how you access and use, our website (https://VinAnalyzr.com/), and the associated products, VinAnalyzr services, data, information, content, and materials thereon (collectively, the “Services”). If you are accepting these Terms of Service on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent and warrant that you have full legal authority to bind such entity to these Terms of Service.

PLEASE CAREFULLY READ THESE TERMS. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS.

By using or visiting our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section 20, and the Privacy Policy.

We reserve the right to change, modify, add to, or otherwise alter these Terms of Service at any time. Changes, modifications, additions, or deletions to these Terms of Service shall be effective immediately upon their posting on the Services. You agree to review these Terms of Service periodically to be aware of such revisions. Your use of the Services after we post such changes, modifications, additions, or deletions constitutes your acceptance of such changes, modifications, additions, or deletions.

Our Services allow users to search our vast database for vehicle information. When performing vehicle searches, users may be able to perform recall lookups, learn a vehicle’s fair market value, or purchase vehicle history reports.

We grant you a personal, limited, nonexclusive license to access and use the Services, for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Services except for these express purposes and as expressly allowed by these Terms of Services.

You will need to create an account with us to use the Services (“Account”). You must be 18 years of age or older to use the Services and purchase any services. Any sale offers are only intended for individuals eighteen (18) years of age or older. By using the Services or purchasing services, you affirm that you are eighteen (18) years of age or older.

You agree to provide true, current, complete, and accurate information as requested, and to update that information as soon as possible after any information on such registration changes. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occurs through your account, whether or not authorized by you. You agree to immediately notify of any suspected or actual unauthorized use of your account. You agree that we will not under any circumstances be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your password.

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content:
(a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;
(b) to solicit others to perform or participate in any unlawful or prohibited acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content;
(e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information or otherwise attempt to mislead or impersonate another;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services;
(h) to collect or track the personal information of others;
(i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware;
(j) for any damaging, obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use;
(l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
(m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
(o) use a buying agent or purchasing agent to make purchases on the website;
(p) use the Services to advertise or offer to sell goods and services;
(q) engage in unauthorized framing of or linking to the Services;
(r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services;
(t) sell or otherwise transfer your profile;
(u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise;
(v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website;
(w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
(y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or
(aa) in any way that may be deemed a breach or violation of any of our Terms & Conditions or Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

MetaSwift LLC. reserves the right, but does not undertake the obligation, to monitor your volume and purpose of searches on the Services, and may restrict, limit, or deactivate your account for any reason, including if we identify that you are using the Services beyond your personal use rights. We may also otherwise investigate your use of the Services and Content and take appropriate legal action against any party that uses the Services and Content in violation of these Terms of Service or applicable law. MetaSwift LLC. reserves the right to accept, reject, or modify any Services and Content, but assumes no liability based on its acceptance, rejection, modification, or failure to modify any Services or Content.

All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, our brand partners, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy).

All registered and unregistered trademarks visible or accessible through our Services are trademarks of MetaSwift LLC or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of MetaSwift LLC or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

We offer several purchase options for users, including via subscriptions and one-time payment options, and different reports we offer may provide different information. Current descriptions and pricing for different services and purchases are available on the Services. We reserve the right to modify prices and to add or remove services or subscription options at any time. Any changes we make will become effective upon renewal of or purchase of additional Services.

A. Fees
You must pay all fees for purchases on the Services with a current and valid credit card, debit card, or other payment account (“Payment Account”). We will bill Fees to the Payment Account you provide to us. Some of these payment options may be provided by third parties. Your use of those third-party payment options is subject to the third-party terms and privacy notices. If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of the Services and, where applicable, suspend or terminate your subscription.

If you purchase a single report or otherwise make a one-time billing package purchase, we will bill fees to your Payment Account on a one-time basis at the time of your order.

Transactions will appear on your credit card statement as MetaSwift LLC.

B. Subscription Fees
For subscriptions, fees will be automatically billed to your Payment Account on a recurring monthly basis unless and until you cancel. Review Recurring Payment Subscriptions for more information. You acknowledge and agree that we will not obtain additional authorization from you for each recurring fee charged to your Payment Account.

We may offer you access to either free or paid trial uses of the Services. If you choose a paid trial, the trial fee will be immediately billed to your Payment Account. Your subscription will begin on the “Next Billing Date” (as identified on your Order Confirmation, and on the Account Details page of your account), and the monthly subscription fee will be billed to your Payment Account on that date and thereafter on a recurring monthly basis unless and until you cancel.

AUTOMATIC RENEWAL FEES FOR RECURRING PAYMENT SUBSCRIPTION PLANS WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT ACCOUNT.

WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION EVERY MONTH BEGINNING ON THE “NEXT BILLING DATE” IDENTIFIED IN YOUR ORIGINAL ORDER CONFIRMATION AND EVERY THIRTY (30) DAYS AFTER THAT (THE “AUTOMATIC RENEWAL DATE”). WE WILL PRESENT YOU WITH AN OPTION TO AUTHORIZE THESE PAYMENTS DURING THE SIGN-UP PROCESS, AND YOU ARE CHECKING THE BOX ON THE SIGN-UP PAGE DEMONSTRATES YOUR CONSENT TO SUBSCRIPTION BILLING. ON EACH RENEWAL DATE, YOUR PAYMENT ACCOUNT WILL BE CHARGED THE THEN CURRENT RATE FOR THE SUBSCRIPTION YOU SELECTED ON YOUR SERVICE ORDER. UPON PAYMENT, WE WILL SEND YOU AN ACKNOWLEDGEMENT VIA EMAIL OF THE PARTICULAR TERMS OF YOUR RECURRING PAYMENT PLAN, INCLUDING THE AUTOMATIC RENEWAL DATE, AND INSTRUCTIONS FOR CANCELLING YOUR SUBSCRIPTION TO AVOID AUTOMATIC RENEWAL.

THEREAFTER, WE WILL ALSO SEND YOU AN AUTOMATIC RENEWAL DATE REMINDER AND PROVIDE YOU WITH NOTICE OF ANY CHANGE IN THE SUBSCRIPTION RATE OR MATERIAL CHANGES TO OTHER TERMS OF YOUR RECURRING PAYMENT PLAN, VIA EMAIL, AT LEAST FIVE (5) DAYS BEFORE THE AUTOMATIC RENEWAL DATE.

YOU MAY CANCEL YOUR ACCOUNT AND SUBSCRIPTION AT ANY TIME. TO DO SO, (1) USE THE “CANCEL” OPTION ON THE ACCOUNT DETAILS PAGE OF YOUR ACCOUNT, (2) EMAIL US AT [email protected]/. OUR CUSTOMER SERVICE DEPARTMENT IS OPEN AND AVAILABLE 24/7.

PLEASE NOTE THAT SUBSCRIPTION FEES ARE BILLED MONTHLY IN ADVANCE, AND WE WILL NOT REFUND THE UNUSED PORTION OF YOUR MONTHLY SUBSCRIPTION. THEREFORE, YOU MUST CANCEL BEFORE THE AUTOMATIC RENEWAL DATE TO AVOID AUTOMATIC RENEWAL OF YOUR TRIAL/FULL PAID SUBSCRIPTION, AND THE ASSOCIATED MONTHLY SUBSCRIPTION FEES.

Our Customer Support team is available to address your questions or concerns. If you have any billing issues, you agree to contact our Customer Support team before contacting your bank. Contact Customer Support using our via email at [email protected]/. Our Customer Service Department is open 24/7.

A. By You
You are solely responsible for properly canceling your account. You can cancel your account at any time by calling us, or sending us an email at the information below in “Contact Us.” Your cancellation will take effect immediately; however, you will still be responsible for any outstanding payments for purchases made before cancellation. Further, even after cancellation and/or termination of your Account, you may still make one-time purchases on the Services.

B. By Us
We reserve the right to terminate or restrict your account and/or access to the Services for any reason, or no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms of Service. We may, but shall be under no obligation to, provide you with a warning before termination or restriction of your use of the Services. We will not be liable to you or any third party for such termination, or restriction of your Account and/or access.

C. Effects of Termination
Once your Account is terminated, we may permanently delete your account and any or all user content associated with it. If you do not log in to your account for twelve (12) or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it. Except where an exclusive remedy may be specified in these Terms of Service, the exercise by us of any remedy, including termination, will be without prejudice to any other remedies we may have under these Terms of Service. All sections of these Terms of Service which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

MetaSwift LLC does not compile background information for employment purposes and is not a “consumer reporting agency” under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., as amended. The reports we provide are not “consumer reports” under the FCRA because they are not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. The Services simply aggregate and provide access to publicly available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any information from search results (a) to discriminate against any consumer; (b) to consider a consumer’s eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer’s economic or financial status or standing. You understand, agree, and acknowledge that any such use of information from search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless MetaSwift LLC. and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses, or liabilities of whatever nature, due to or arising out of your use of information from search results in a manner covered under the FCRA.

You understand, agree, and acknowledge that you may conduct a motor vehicle record search through the Services and access the results of that search only for a purpose permitted under the Driver’s Privacy Protection Act of 1994 (“DPPA”), 18 U.S.C. § 2721, et seq., as amended, and as supplemented or restricted by the laws, rules, and regulations of the state from which the motor vehicle record is sought (collectively, “DPPA Laws”). You represent that you are aware of and understand the requirements and restrictions of the DPPA Laws, and that you are conducting your search through the Services for a purpose authorized by the DPPA Laws. You understand, agree, and acknowledge that your use of motor vehicle records made available through the Services for any purpose other than a permitted purpose under the DPPA Laws may subject you to criminal fines for non-compliance and civil liability in the form of a private right of action, including actual and punitive damages, as well as attorneys’ fees. You agree to indemnify, defend, and hold harmless MetaSwift LLC, Inc. and its affiliates, subsidiaries, offices, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses, or liabilities of whatever nature or kind, due to or arising from your violation of the DPPA Laws.

This Section 13 applies to users that purchase or use our Services for business-related use cases, which may include an API Integration. In addition to your obligations in these Terms, you agree that:

A. You are hereby granted a limited, revocable, non-transferable, and nonexclusive license to access and use the Services and Content solely for your business purposes to acquire used vehicles primarily for retail sale;

B. We make no representations about the quantity, sufficiency, or quality of Reports that it provides to You. Purchases of reports on the Services are not cancellable, and fees paid are not refundable. You are not authorized to use any reports that are not fully paid for.

C. You will not (i) sell any Content or information derived Content, (ii) systematically access or retrieve reports available on the Services, including without limitation via the use of bots or spiders; (iii) provide any Content or information derived from any Content to any party for resale or remarketing in any manner; or (iv) make any representation or provide any warranty to any person or entity regarding VinAnalyzr, the Services, and/or the Content that is inconsistent with the provisions hereof and the information contained on the Content (including all disclaimers).

The Services may contain links to and integrations with third-party websites and services. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully the other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

We use reasonable technical and administrative measures to help protect information collected through the Services from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security. You are responsible for maintaining the confidentiality of your login information and other account data, and for controlling access to and use of your account.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IN NO EVENT SHALL MetaSwift LLC, INC., OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless MetaSwift LLC, Inc. and its affiliates, officers, directors, employees, agents, and third-party service providers from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees), and other expenses arising out of or in any way connected with (a) your use of the Services; (b) your violation of these Terms of Service or any applicable law or regulation; (c) any content you submit or transmit through the Services; and (d) any claim that your use of the Services or any content you submit or transmit through the Services infringes, misappropriates, or otherwise violates the rights of a third party.

These Terms of Service and any dispute arising out of or related to the Services or these Terms of Service shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms of Service or the Services shall be brought exclusively in the courts located in [Your County], [Your State].

We reserve the right to modify these Terms of Service at any time. If we make changes, we will post the revised Terms of Service on our website and update the effective date at the top of the page. Your continued use of the Services after any changes constitutes your acceptance of the modified Terms of Service. If you do not agree with the changes, you must stop using the Services.

A. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other agreements or policies incorporated herein, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms of Service.

B. Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

C. Waiver
No waiver of any term or condition of these Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition.

D. Assignment
We may assign our rights and obligations under these Terms of Service to any third party without notice. You may not assign your rights or obligations under these Terms of Service without our prior written consent.