Effective April 12, 2018
1.1 The VIN Voyager Services allow Users to post motor vehicle identification numbers (“VIN”), year, make, model, trim, color, options, mileage, condition, vehicle asking price, vehicle photos, seller and vehicle location, purchaser location, and related information (“User Content” or “Vehicle Listing”), for the purpose of advertising, buying, and selling vehicles. VIN Voyager uses mobile location services to determine the location of vehicles offered for sale, and the location of buyers and sellers. The VIN Voyager app uses a camera and photos to scan VIN barcodes and upload images of vehicles for sale. To connect buyers and sellers, VIN Voyager allows Users to provide contact information including their name, zip code, telephone number, and email contact information, along with preferred methods of contact. VIN Voyager allows Users to search for and locate vehicles to purchase, and provides them an option to describe vehicles they would be interested in buying. The Services connect prospective sellers and buyers in advertising channels, and provide a platform for the exchange of competitive offers to buy and sell the User’s vehicle.
1.2 The VIN Voyager Services are intended to be used by legal owners of vehicles and/or persons with express permission to advertise, purchase, or sell a vehicle for sale on behalf of an owner. By using VIN Voyager Services, advertising and selling Users (and their agents) represent and warrant to VIN Voyager that they are the legal owner of the subject vehicle (or otherwise have express authorization to advertise and sell the vehicle), and that they possess the vehicle title or will directly obtain the title after paying off an outstanding auto loan. Users represent and warrant to VIN Voyager that they are the legal owner of all data and information contained in their User Content, Vehicle Listings, applications, communications, data, files, graphics, images, links, photographs, profiles, audio or video clips, sounds, musical works, works of authorship, usernames, and other content submitted and published to the Services, and they have all necessary rights and authority to submit, publish, and use such Content, Listings, applications, communications, data, files, graphics, images, links, photographs, profiles, audio or video clips, sounds, musical works, works of authorship, usernames, and other content.
1.3 The VIN Voyager consumer application is not intended for commercial use by any automotive manufacturer, auto dealership, auto broker, or any other business, and any such commercial party must enter into a separate business agreement with VIN Voyager. Individual Users of the VIN Voyager Services must be at least 16 years of age.
1.4 The VIN Voyager Services are intended and designed solely for advertising, buying, selling, and leasing passenger vehicles manufactured in the last 20 years, and authorized for purchase, sale, and leasing in the United States
1.6 Users represent and warrant to VIN Voyager that they are solely responsible for all activity occurring in their VIN Voyager accounts or in connection with their use of the Services, and for keeping their account information, credit card and payment methods, usernames, and passwords secret and secure. You agree that you will not solicit, collect, or use the login credentials of any other VIN Voyager User. You agree that you will not assign, license, sell, or transfer your account, account rights, username, passwords, or any other attributes of your VIN Voyager accounts. Except for persons or companies expressly authorized to create an account on behalf of their employers or clients, VIN Voyager prohibits the creation of third-party accounts and you agree that you will not create an account for anyone other than yourself. You further agree that you will not use domain names or web URLs in your username without the prior written consent of VIN Voyager.
1.7 Users represent and warrant to VIN Voyager that all Content and information they provide to VIN Voyager at registration and all other times is true, accurate, and complete, and that they will update information as necessary to maintain its truth and accuracy. You agree that you will not submit, post, publish, or use any false, defamatory, abusive, or threatening information concerning any other person or entity. You agree that you will not create or submit unwanted email, comments, or other forms of commercial or harassing communications or spam to VIN Voyager or any other VIN Voyager Users. You further agree that you will not submit, post, publish, or use any content that, in the sole discretion of VIN Voyager, is cruel, demeaning, discriminatory, politically offensive, racist, sexist, sexually suggestive, or otherwise offensive to other persons or groups of people.
1.8 Users represent and warrant to VIN Voyager that they will not submit, disclose, post, publish, or use the private, confidential, or unauthorized information of any person or entity in connection with the VIN Voyager Services, including without limitation any other person or entity’s identity, account and credit card information, images, photographs, audio or video files, social security or alternate national identity numbers, non-public telephone numbers, non-public email addresses, or other personally identifiable information or sensitive personal information without their express consent.
1.9 Users represent and warrant to VIN Voyager that they will not use the Services for any unethical, illegal, or unauthorized purpose, and their use of the Services will not violate any contract right, intellectual property right, privacy or publicity right, or other legal obligation. You agree that you will comply with all federal, state, and local laws and regulations related to your use of the Services and your User Content, including without limitation all contract rights, intellectual property, copyright, patent, privacy, publicity, trademark, trade name, trade secret, and other similar laws and legal obligations. You further agree that you are solely responsible for your (and your agent’s) conduct in connection with the Services, and solely responsible for all User Content, Vehicle Listings, applications, communications, data, files, graphics, images, links, photographs, profiles, audio or video clips, sounds, musical works, works of authorship, usernames, and other content that you submit, post, publish, or use in connection with the Services.
1.10 Users represent and warrant to VIN Voyager that they will not adapt, alter, change, or modify the Services, and will not adapt, alter, change, or modify another website so as to falsely imply that it is associated with the Services or VIN Voyager. You agree that you will not access or use the VIN Voyager Services by any means other than those permitted and provided by VIN Voyager, and you will not access or create accounts in the Services through unauthorized means, including without limitation by using an automated device, script, bot, spider, crawler, or scraper. You agree that you will not interfere with or disrupt VIN Voyager Services, or the servers or networks connected to the Services, including without limitation by transmitting any worms, viruses, spyware, malware, or any other destructive or disruptive code. You further agree that you will not inject content or code or otherwise alter or interfere with the way VIN Voyager pages are rendered or displayed in your or any other User’s browser or device.
2.4 Users agree that they are solely responsible for their online and offline interactions with other Users of the VIN Voyager Services. You agree that VIN Voyager is not responsible or liable for your conduct with respect to the Services nor the conduct of any other User. VIN Voyager reserves the right, without any obligation, to monitor or become involved in disputes between you and other Users.
2.5 Users agree that there may be links from the VIN Voyager Services, or from communications they receive from the Services, to third-party websites, applications, or features. VIN Voyager does not control or endorse any third-party websites, applications, features, services, or content, and you agree that VIN Voyager has no responsibility or liability for them. You agree that you are solely responsible for knowing the third-party advertising channels to which you submit User Content, Vehicle Listings, and other content, you know and understand the privacy policies and terms and conditions of those third-party channels, and you will comply with such policies and terms. You agree that your communications and business dealings with any third-party are exclusively between you and such third-party. You may choose, at your sole discretion and risk, to use applications that connect VIN Voyager Services or your profile on the Services with a third-party service, and such applications may interact or exchange information with your profile on the Services. By using such applications, you consent to sharing your information with those applications, you agree that your personally identifiable information may be publicly disclosed, and you agree that your use of those applications is solely at your own risk and you will indemnify and hold VIN Voyager Parties (defined below) harmless against harm related to your use of the applications.
3. Additional Mobile Device Terms. If you access VIN Voyager from a mobile device using a VIN Voyager mobile application (the “App”), the following terms and conditions apply to you, and your use of the App confirms your agreement to these terms and conditions. VIN Voyager grants you the right to use the App only for your personal use. When using the App, you must comply with all applicable laws and contractual obligations, including without limitation your wireless data service agreement.
3.1 Mobile App Intellectual Property. VIN Voyager owns or is the licensee to all right, title, and interest in and to its App, including without limitation all rights under contract, intellectual property, copyright, patent, privacy, publicity, trademark, trade name, trade secret, unfair competition law, and other similar laws and legal obligations. As between you and VIN Voyager, VIN Voyager owns and retains all rights in the App. You represent and warrant that you will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notice incorporated in or accompanying the App, and that you will not adapt, modify, reproduce, reverse-engineer, prepare derivative works based on, publish, license, sell, or otherwise exploit the App.
3.2 Mobile Device Third-Party Terms. The following additional terms apply to you depending on the mobile device the App is installed on.
BlackBerry—Research in Motion. The App uses network services and may incur additional network data charges (including additional charges when roaming). To the extent permitted under your local laws, Research in Motion E-Commerce, the telecommunications carriers over whose network this App is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with this App (collectively, “Disclaiming Parties”) exclude any liability whatsoever in relation to the App, including without limitation in relation to the sale, distribution, or use thereof, or the performance or non-performance of the App. The Disclaiming Parties are third-party beneficiaries of this section entitled “Blackberry—Research in Motion” and, upon your acceptance, the Disclaiming Parties as third-party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you.
4.2 The VIN Voyager Services contain content owned or licensed by VIN Voyager (“VIN Voyager Content”). VIN Voyager Content is protected by contract rights, intellectual property, copyright, patent, privacy, publicity, trademark, trade name, trade secret, unfair competition, and other similar laws and legal obligations. As between you and VIN Voyager, VIN Voyager owns and retains all rights in the VIN Voyager Content and the Services. You represent and warrant that you will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notice incorporated in or accompanying the VIN Voyager Content, and that you will not adapt, modify, reproduce, reverse-engineer, prepare derivative works based on, publish, license, sell, or otherwise exploit the VIN Voyager Content.
4.3 The VIN Voyager trade names and logos are trademarks of VIN Voyager, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of VIN Voyager. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of VIN Voyager, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of VIN Voyager.
4.4 VIN Voyager intends for the Services to be available as much as possible, but there will be occasions when the Services may be interrupted, including without limitation for scheduled maintenance or upgrades, emergency repairs, or as a result of telecommunications links or equipment failure. VIN Voyager reserves the right to remove any User Content or other material from the Services for any reason, without prior notice or liability to you. User Content removed from the Services may continue to be stored by VIN Voyager for the purpose, among others, of complying with certain obligations, but VIN Voyager is not a backup service and such Content may not be retrievable without a valid court order. VIN Voyager encourages you to maintain your own backup of your User Content. You agree that you will not rely on the Services for data backup, security, or storage purposes, and VIN Voyager will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content for any reason.
5.1 THE VIN VOYAGER SERVICES, INCLUDING WITHOUT LIMITATION ALL VIN VOYAGER CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VIN VOYAGER NOR ANY OF ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “VIN VOYAGER PARTIES”) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE VIN VOYAGER SERVICES, VIN VOYAGER CONTENT, USER CONTENT, THIRD-PARTY CONTENT, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VIN VOYAGER. THE VIN VOYAGER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
5.2 THE VIN VOYAGER PARTIES DO NOT REPRESENT OR WARRANT THAT VIN VOYAGER SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS OR VIRUSES. THE VIN VOYAGER PARTIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT INFORMATION ON THE SERVICES WILL BE ACCURATE, COMPLETE, OR USEFUL.
5.4 BY ACCESSING OR USING THE VIN VOYAGER SERVICES, YOU REPRESENT AND WARRANT TO VIN VOYAGER THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
5.5 THE VIN VOYAGER PARTIES DO NOT ENDORSE ANY USER, THIRD-PARTY, OR OTHER CONTENT, AND THE VIN VOYAGER PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR OTHER LIABILITY OF ANY KIND RELATED TO SUCH USER, THIRD-PARTY, OR OTHER CONTENT.
6.1 THE VIN VOYAGER SERVICES ARE PROVIDED AS A CONVENIENCE FOR BUYERS AND SELLERS OF VEHICLES. UNDER NO CIRCUMSTANCES WILL THE VIN VOYAGER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE VIN VOYAGER SERVICES; (B) THE VIN VOYAGER CONTENT; (C) USER OR THIRD-PARTY CONTENT; (D) YOUR USE OF OR INABILITY TO USE, OR THE PERFORMANCE, OF THE SERVICES; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY VIN VOYAGER OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANOTHER PARTY’S USE OF THE SERVICES; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (H) DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING WITHOUT LIMITATION DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUGS, DEFECT, ERROR, FRAUD, INTERRUPTION, OMISSION, TAMPERING, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL MALFUNCTION.
6.2 UNDER NO CIRCUMSTANCES WILL THE VIN VOYAGER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VIN VOYAGER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WITHOUT LIMITATION LIABILITY CAUSED IN WHOLE OR IN PART BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE VIN VOYAGER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING WITHOUT LIMITATION DEATH OR PERSONAL INJURY.
6.5 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF ANY VIN VOYAGER ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE USE OF ANY WEBSITE, APPLICATION, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY VIN VOYAGER, AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, OR USE OF ANY WEBSITE, APPLICATION, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY VIN VOYAGER.
6.6 YOU AGREE THAT THE VIN VOYAGER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE VIN VOYAGER PARTIES FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES.
8.1 USERS OF THE VIN VOYAGER SERVICES, AND VIN VOYAGER, EXPRESSLY WAIVE THEIR RIGHTS TO TRIAL BY JURY. Except if you opt-out for disputes relating to your or VIN Voyager’s intellectual property rights (such as copyrights, domain names, patents, trademarks, and trade secrets), or violations of sections 1.8-1.9 of the Basic Terms above (“Excludable Disputes”), you agree that all disputes between you and VIN Voyager, whether or not such dispute involves a third-party, shall be resolved exclusively by binding, individual arbitration in Seattle, Washington, according to the American Arbitration Association rules for arbitration. For any action at law or in equity relating to the Excludable Disputes, or if you opt out of the agreement to arbitrate, you agree to the exclusive jurisdiction of and venue in the King County (Washington) Superior Court located in Seattle, Washington, or in the case of exclusive federal jurisdiction, the United States District Court for the Western District of Washington. The decision of the arbitrator shall be final and binding, and judgment on the arbitrator’s award may be entered in the above-referenced Washington state or federal courts, or another court of competent jurisdiction. The prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorney fees and costs.
8.3 You may opt out of this agreement to arbitrate. If you do so, neither you nor VIN Voyager can require the other to participate in an arbitration proceeding. To opt out, you must notify VIN Voyager in writing within thirty (30) days of the date that you first access the Services and became subject to this arbitration provision. You must deliver your opt-out notice to: VIN Voyager, LLC, Attention: Arbitration Opt-Out, 15328 SE 94th Ave, Clackamas, OR 97015. You must include your name and residence address, the email address you use for your VIN Voyager account, and a clear statement that you want to opt out of this arbitration agreement.