Terms & Conditions

THIS LEGAL AGREEMENT (THIS "AGREEMENT") BETWEEN YOU AND AUTO DATABANK, INC. GOVERNS YOUR ACCESS AND USE OF ANY OF THE VINQUERY.COM SERVICES THAT YOU HAVE SELECTED FOR PURCHASE (THE "SERVICES").

These Services are available via these endpoints http://ws.vinquery.com/restxml.aspx (the "VINdecoding Web Service"), http://www.recognition.ws/vinfix/v1( the "VINfix Web Service "), http://www.recognition.ws/vinocr/v1 (the "VINocr Web Service"), http://www.recognition.ws/vinbarcode/v1 (the "VINbarcode Web Service"), http://www.recognition.ws/vinqrcode/v1 (the "VINqrcode Web Service" ), http://www.recognition.ws/lpr/v1 (the "License Plate Recognition Web Service") (each individually a "Service" and collectively the "Services"). By proceeding to access or use the Services after seeing these Terms and Conditions, YOU agree to be bound by this Agreement.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

The VINdecoding Web Service is a VINquery.com service providing programmable access directly to our VIN decoding database for a purpose of decoding and extracting decoded vehicle data.

The VINfix Web Service is a VINquery.com service providing programmable access directly to two machine-learning algorithms for a purpose of spotting typos in VINs.

The VINocr Web Service is a VINquery.com service providing programmable access directly to a specialized OCR technology for a purpose of capturing VINs printed on papers or other surfaces.

The VINbarcode Web Service is a VINquery.com service providing programmable access directly to a barcode recognition technology for a purpose of capturing VINs encoded in barcodes.

The VINqrcode Web Service is a VINquery.com service providing programmable access directly to a QR-code recognition technology for a purpose of capturing VINs encoded in QR-codes.

The Vehicle License Plate Recognition Web Service is a VINquery.com service providing programmable access directly to combination of license plate recognition algorithms for a purpose of capturing license numbers on license plates.

YOU purchase the VINquery.com Services on behalf of an entity such as a corporation or limited liability company, "YOU" means the entity, and YOU are bound to these terms and conditions in your capacity as a representative or agent of the entity. Otherwise, YOU are bound to these terms and conditions in your personal capacity.

By using the VINquery.com Services, YOU may access and use the Services solely for your own internal business purposes. YOU may not sell, re-license, duplicate, create derivative works from, frame in another Web page or use on any other Web site, the information YOU obtain from the Services, nor may YOU allow any third party to do so.

By using the VINquery.com Services, YOU may access and use the Services for internal business purposes and/or for external commercialization.

By using the VINquery.com Services YOU are required to add language to your advertising that Your Solution provider is VINquery.com.

When requested, YOU agree to provide true, accurate and complete user information. YOU shall not access or attempt to access password protected, secure or non-public areas of the Sites without AUTO DATABANK, INC.'s prior written permission. When accessing or using the Services, YOU will comply with all privacy laws.

PROPRIETARY MATERIAL

All information included in the Services (as well as the organization and layout of the Sites) (collectively the "Proprietary Material") are owned or licensed by AUTO DATABANK, INC. No reproduction, distribution, or transmission to another person or entity of the Proprietary Material is permitted without the prior written permission of AUTO DATABANK, INC.

VINquery.com and other logos, product and service names used on or in connection with the Services are owned by or licensed to AUTO DATABANK, INC. or its affiliates (the "Marks"). YOU who make the information included in the Services available to third parties shall include, in all websites, marketing materials and other modes of advertising, that the information is supplied by VINquery.com. In furtherance and not in limitation of the foregoing, YOU shall add the phrase, "POWERED BY VINquery.com" to the web page on which external users enter Vehicle Identification Numbers for decoding or submit an image for recognition. In order to assure the consistency of this attribution, AUTO DATABANK, INC. shall provide the appropriate artwork for the webpage, as well as specific instructions regarding placement and maintenance. Without the prior written permission of AUTO DATABANK, INC., or its appropriate affiliates, YOU agree not to otherwise display or use in any manner, the Marks.

YOU agree that it will not itself, or through any affiliate, agent or other third party: (a) sell, rent, lease, license, sublicense, pledge, or encumber the Services, the documentation, or any part thereof to any third party except as provided herein; (b) assign, distribute, transfer, furnish or otherwise disclose or make available the Services, the documentation, or any part thereof to any third party, except as provided herein; (c) modify, add to, decompile, disassemble, or reverse engineer the Services, or their data in whole or in part except as provided herein; (d) write or develop any derivative service or any other service program based upon the Services or any confidential information except as provided herein; (e) allow the Services to be used under a Service Bureau Arrangement except as provided herein; or (f) Use the Services after the Term of this agreement.

YOUR ACCOUNT

YOU are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and YOU agree to accept responsibility for all activities that occur under your account or password. Upon the termination of this Agreement, YOU will (i) cease using the Sites, the Services and any Proprietary Material, and (ii) destroy all copies of your account information, password and Proprietary Material.

NO UNLAWFUL OR PROHIBITED USE; [INDEMNITY]

YOU warrant to AUTO DATABANK, INC. that YOU will not use the Services for any purpose that is unlawful or prohibited by these terms. If YOU violate any of these terms, your permission to use the Services automatically terminates. YOU agree to indemnify and hold AUTO DATABANK, INC. and its directors, officers, employees, affiliates and agents harmless with respect to any claims arising out of your breach of this Agreement or your use of the Services.

YOU may not without the prior written permission of AUTO DATABANK, INC. use any computer code, data mining service, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any part of a Site or any Proprietary Material.

TERMINATION OF AGREEMENT

This Agreement may be terminated immediately by AUTO DATABANK, INC. if YOU fail to pay the amount that YOU agreed to pay for the Services. It may also be terminated if YOU cease to use the Services with no intention of resuming use. Such cessation of use shall be deemed to have occurred if YOU do not access or use the Services for [6] consecutive months.

PAYMENTS

YOU agree that YOU will pay for the Services package that YOU purchase. YOU are responsible for the timely payment of all amounts due in connection with the Services. All purchases are final and non-refundable. Prices for the various Service packages may change at any time, and we do not offer price protection or refunds in the event of a price reduction or promotional offering. Your total price will include the price of a package plus any applicable sales tax. We will charge sales tax only in Canadian provinces or territories where we understand that we are obligated by law to do so, and we reserve the right to commence collecting sales tax on the price of the Services if we determine that it is necessary to do so in order to comply with applicable provincial and/or federal law.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES, THE SERVICE AND THE PROPRIETARY MATERIAL IS AT YOUR SOLE RISK. THE SITE, THE SERVICE AND THE PROPRIETARY MATERIAL IS PROVIDED ON AN "AS AVAILABLE" BASIS, AND THE SERVICE AND THE PROPRIETARY MATERIAL ARE PROVIDED ON AN "AS IS" BASIS. AUTO DATABANK, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, PERTAINING TO THE SITES, THE SERVICE OR THE PROPRIETARY MATERIAL, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

ANY PROPRIETARY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTO DATABANK, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE A SITE OR THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, SHOULD SUCH SERVICES BECOME NECESSARY FOR ANY REASON DURING THE TERM OF THIS AGREEMENT; OR (III) ANY OTHER MATTER RELATING TO THE SITES OR THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, IN SUCH JURISDICTIONS AUTO DATABANK, INC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

LINKS TO THIRD PARTY SITES

The Sites may contain hyperlinks to web sites operated by parties other than AUTO DATABANK, INC. Such hyperlinks are provided for your reference only. AUTO DATABANK, INC. does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by AUTO DATABANK, INC. to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the AUTO DATABANK, INC. privacy policy is applicable only when YOU are on our Site, once linked to another web site, YOU should read that site's privacy policy before disclosing any personal information.

USE OF SUBMISSIONS

YOU grant us the right to use, reproduce, modify, distribute, and display any material YOU supply or communicate to the Sites for the stated purposes of this Agreement and to authorize others to do so.

CHANGES TO SITES

Use of the Services requires Internet access. AUTO DATABANK, INC. may make improvements or changes in the Proprietary Material or other information, services, products, and other materials available through the Sites. AUTO DATABANK, INC. may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modifications to the Sites. Accordingly, YOU agree to review the Sites periodically to ensure that YOU are aware of any modifications to this Agreement, and your continued access or use of the Services shall be deemed your acceptance of the modified Agreement.

PRIVACY POLICY

At AUTO DATABANK, INC. ("AUTO DATABANK, INC." or "We"), user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users. We also strive to protect the personal and confidential information of those who use our Service.

MISCELLANEOUS

This Agreement, as it may be modified from time to time in the manner permitted herein, constitutes the entire agreement of the parties with respect to its subject matter, and supersedes any and all previous agreements, discussions or negotiations, written or oral, between YOU and AUTO DATABANK, INC. This Agreement and the resolution of any dispute related to this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. Failure by AUTO DATABANK, INC. to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. YOU agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between AUTO DATABANK, INC. and YOU related to this Agreement shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the Province of Ontario. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. The failure to enforce any provision in this Agreement shall not constitute a waiver of the right of enforcement or the waiver of any other provision.