Effective Date: April 2nd, 2011 The terms and condition described hereon govern the use of ProVinHistory (Website) and any subsequent including any and all purchases you make from ProVinHistory. You are advised to carefully read these terms before making any further use of this website. By using the website or placing an order, you agree to the following terms and conditions. If you disagree with any of these terms, you may not use the website nor place an order with us.
The www.ProVinHistory.com website sells Digital Products* (research reports) and subscriptions.
*Digital Products include downloads or emailed copies of PDF products to your computer or mobile. Digital Product sales are final. Once a product is purchased, it is generated, emailed to the registered email address and made available for download. After the product has left our systems, it belongs to the user. ConstructAfrica cannot track whether or not a product has been received, opened or read by the recipient and therefore once a digital file is purchased, and downloaded the sale is final and a return, refund and/or cancellation is not available.
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."
Before making a decision to purchase a vehicle, consumers may wish to obtain an independent vehicle inspection, a NMVTIS Vehicle History Report, and consult other available vehicle information resources.
The information in NMVTIS INCLUDES:
- 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.
When you place an order, you are granted a nonexclusive nontransferable license to gain access to the database and all information contained within. You hereby state that any and all usage of the database will be used solery for non-commercial purposes and limited to performing lawful searches of your own personal use. Some of the products are available for an unlimited use over a specified period of time, while other products are given for a single use only. Some products are available for purchase through credits, which are valid for a single year from the date of purchase. Credits that are unused for over a year are expired and removed from your account. Our products are available and restricted to U.S customers only. ProVinHistory and its partners hold the right to publish aggregated data. Aggregated data of this nature will not identify you individually. For example, the amount of times a particular name was searched for will not be published. You are agreeing that any use of our products will be used only to check a vehicle's history or other lawful permitted activities. Furthermore, you agree that publishing such data by us or our partners will cause you no harm - whether personal, financial or emotional.
You hereby declare that any and all usage you make with our products will only be used for legal and non-commercial purposes. Your usage of our products must comply with all applicable federal, state and local laws and regulations. You are also stating that you will not use this site or any information stored within to bother, stalk, harass, threaten embarrass or cause harm to any individual. You may not use this service to look into celebrities or other public persons or figures or any individual under the age of 18. Any attempt to harvest or extract information from the website, the database or anything relating to our partners, which includes the usage of "bots", "scraping", "spiders" and the likes with or without the use of a browser is strictly prohibited and may be grounds to forfeiting your membership and removing your account entirely. Caching, unauthorized hyper texting are strictly prohibited. You are agreeing not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Website and its affiliated websites to anyone without our express prior written consent. You are forbidden to use or permit the usage of the data to replicate or compare other databases of a commercial nature including selling, renting or publishing to any 3rd party. You are forbidden to use or permit the usage of the data to enhance, add, delete, supplement or operate a telemarketing list, direct mailing service, mailing lists or any other compilation of information that is sold, rented or published in any manner or form to any third party. You are forbidden to use or permit the usage of the data to voluntarily produce data in a legal proceedings.
Any individuals who intentionally gains access to the website but holds no intention of paying and later refuses to pay or dispute the charges is committing fraud. Such individuals are subject to criminal as well as civil litigation under interstate commerce laws. If you have no intention of paying for the service, do not sign up!
Those who are under the age of 18 are not eligible to use our website or any of the services and products we offer.
We may provide, or third parties may provide, links to other internet sites or resources. Because we have no control over such sites, resources or entities, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties.
We reserve the right to terminate or suspend access to this website or any of our products or services or your account instantly without any prior notice or liability if you breach any of these terms and conditions. Upon such termination, all access to our website and products will cease. If you wish to terminate your account, you may simply discontinue any usage of our website or products.
By agreeing to purchase our product, you are in fact purchasing access to our database, services and products. You agree to pay using a valid credit or debit card. You must affirm that you are authorized to use the payment method in question. We reserve the right to terminate any delinquent accounts without notice. You hereby agree that we may store and use the payment information provided by you to maintain your account, billing fees and with your express consent to transfer to our marketing partners, such as identify theft protection. In an effort to prevent fraud, we analyze the purchases, attempted purchases and search activity alongside any other services and activities on the website. We may use the information in conjunction with our Security partners and law enforcement agencies to assist those and protect those who we have reason to believe may have been or will become victimized by such fraudulent use of the website or any of our products. We may share any information (including but not limited to suspect payment data, e-mail addresses, ip addresses and so forth) with payment processors or any law enforcement agency in order to reduce fraud. You hereby agree that any and all information your provide may be used to aid such investigation.
You are agreeing that you shall indemnify, defend and hold harmless ProVinHistory, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our Website and/or Products against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Products and your use or distribution of any information obtained there. You will promptly notify us of any such claim.
The information in our databases has been compiled from multiple data sources and service providers. The information is provided as is and we are not responsible for that the information is current, accurate and\or complete. We are not liable for any direct, punitive, consequential and\or direct damages, which includes but is not limited to lost of profits, costs for substitute services, or lost opportunities, which may arise out of or in relation to any use of the website or these terms of service. We do not accept any responsibility for any injury or damage that you may cause to yourself, others or property when using the website or any of our products and services.
We reserve the right to amend these Terms and Conditions at any time and without notice to you. We will post those amendments at this page and such amendments shall be effective immediately upon their posting. You are agreeing to review the website periodically to be aware of any such amendments.
No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions are not assignable, transferable or sub licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and Conditions and our rights and obligations without your consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California.