Terms & Conditions

Terms of Service

Terms of Service

The following Terms are effective as of: Jan 01, 2023

PLEASE READ AND REMEMBER ALL THE FOLLOWING TERMS OF USE IN GREAT DETAIL. PROCEEDING TO USE THE SITE INDICATES YOUR AGREEANCE TO ABIDE BY THESE TERMS OF USE. DO NOT USE THE SITE IF YOU REFUSE OR CANNOT ABIDE BY ANY OR ALL OF THE FOLLOWING TERMS OF SERVICE.

Thank you for using Midwest VINS, a service specializing in recovering and viewing public records provided by ABGB, LLC. (“we,” “us,” or ABGB, LLC.). The following Terms of Service govern our operation and the services and products we offer, and your access to and use of, our website (https://midwestvins.com) and the associated products, Midwest VINS services, data, information, content, and materials thereon (collectively, the “Services” offered on our site).

You cannot purchase our services until you have indicated your acceptance of these Terms of Service and intend to follow and abide by them. If you are agreeing to follow these Terms of Service on behalf of a legal entity other than yourself as an individual, including but not limited to a business or a government, you represent and warrant that you have full legal authority to bind such an entity to these Terms of Service.

By agreeing to use the Services, you agree to be bound by the Binding Arbitration Clause and Class Action Waiver described in Section 22 of the Terms and Services.

1. General

By using and/or viewing the offered Services, you indicate that you have read, understand, and agree to abide by all the terms and conditions of these Terms of Service, including our Privacy Policy (“Privacy Policy”) which is fully incorporated herein by reference. The Privacy Policy governs the collection, use, and disclosure of your personal information by Midwest VINS.

If you are a currently registered user of our provided services, we may, but are not required to, inform you of any material changes by notification to the email address you have provided as part of your registration information or through your membership portal. Otherwise, you may view the most recent Terms of Service on the Services, available at https://vinreportspro.com/terms-conditions/. Your use of the Services after we post such changes, modifications, additions or deletions indicates your acceptance of such changes, modifications, additions or deletions and your agreement to check for changes frequently.

We reserve the right to change, modify, add to, or otherwise alter these Terms of Service at any time. Any and all changes, modifications, and additions or deletions to these Terms of Service shall be effective immediately upon their posting on the Services page of the site. You agree to review these Terms of Service periodically to be aware of such revisions, as their immediate effectiveness is not flexible.

2. Registration

2.1 Eligibility.

Failure to comply or provide accurate information to falsify your eligibility may result in the termination of your registration.

The user or purchaser must be eighteen (18) years of age or older in order for use or purchase. Any offers of sale are only intended for individuals who are 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.

As an express condition of being permitted to use and register on the Services or Purchase said Services, you represent and indicate that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside; (ii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction; and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.

2.2 Account Registration.

You agree to provide accurate, current, and complete information during the registration process (“Registration Information”) and you agree to update the Registration Information in order to ensure that it is current. ABGB, LLC, Inc. reserves the right to revoke your registration without notice to you in the event you breach any part of these Terms of Service.

2.3 Passwords.

Registration will require the user to create a password in order to access their account. The user must comply with the indicated password requirement as a standard of security for their account. Midwest VINS will not access nor share your password with any external or internal entities.

The user is responsible for maintaining the confidentiality of their password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify ABGB, LLC, Inc. of any and all suspected or actual unauthorized use of your account. You agree that we will not, under any circumstances, be liable for any cost, loss, expense, or damages arising out of a failure by you to maintain the confidentiality of your password and security of your account.

3. Consent to Use Information

If you or another authorized user conducts a search about you on the Site, you agree and consent to the use and display of information about you on the Site, including all attributes about you (e.g., name, age, location, etc) for any and all commercial and non-commercial purposes. You agree that your consent to use is not an admission that any information displayed about you constitutes the use of your identity under any law. Midwest VINS is not liable for incorrect information listed by the user or an authorized party.

4. Cancellation and Termination.

4.1 Effect of Termination.

Upon account termination, we may permanently delete your account and any or all user content associated with it. If the account is not logged into 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, warranty disclaimers, confidentiality obligations, and limitations of liability. The terminated will not receive reimbursement for paid for accounts or services, as they assumed liability upon purchasing.

4.2 Cancellation and Termination by the User.

The User or an authorized party is solely responsible for properly canceling your account, and Midwest VINS will not be held liable for the improper cancellation or any following charges to the payment account on file. You can cancel your account at any time by clicking on the settings link in the membership portal, calling us, or sending us an email at the information below in “Contact Us.” Additionally, the settings screen provides a simple no-questions-asked cancellation link that may be used to cancel your account.

Though your cancellation will take effect immediately, you will still be responsible for any outstanding payments for purchases made prior to cancellation. Further, even after cancellation and/or termination of your account, you may still make one-time purchases on the Services.

4.3 Termination and Suspension.

We reserve the right to terminate or restrict your account and/or access to the Services for any reason, or for 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 or your account of any term included in these Terms of Service. We may, but shall be under no obligation to, provide you with a warning prior in the event of your account termination or restriction. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.

5. Service Options and Billing

Current pricing for services and subscriptions is 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. In the event that we discontinue a material portion of the materials and features that you regularly use in the ordinary course of your business, and such materials and features are part of a flat fee subscription plan to which you have subscribed, we will, at your option, terminate these Terms of Service.

The searches available to you are determined by the trial period or subscription level you choose and are subject to change. Certain services available via the Services are provided via monthly subscriptions or through one-time payment options.

If you have a subscription for unlimited searches with us, you may have to pay an extra fee if you search for a premium report. Premium reports are reports that cost us an extra fee to access for and share with you, so we can’t offer it as part of your regular membership. They may include comprehensive background reports; vehicle history reports; criminal records reports; bankruptcy, lien & judgment reports; or court records reports, among others.

6. Billing Policies

Payment of fees for any and all purchases must be made with current and valid credit card, debit card, or other payment account (“Payment Account”). Some of these payment options may be provided by third parties; however, your use of those third-party payment options is subject to the third-party terms and privacy policies. If your Payment Account is insufficient, not accurate, not current, or incomplete, we may refuse your use of the Services and, where applicable, suspend or terminate your subscription to the services.

Fees will be billed to the Payment Account you provide to us upon accrual of transactions, fees, or charges.

For subscriptions, fees will be automatically billed to your Payment Account on a recurring monthly basis unless and until you cancel (see Recurring Payment Subscriptions for more details). You acknowledge and agree that we may pre-authorize the account on file for an amount up to the total of the given transaction amount and will not obtain additional authorization from you for each recurring fee charged to your Payment Account.

Transactions and charges from the site will appear on your statement as either MIDWESTVINS.COM or Midwest VINS.

For single report and one-time billing package purchases, fees will be immediately billed to your Payment Account on a one-time basis at the time of your order.

You agree and understand that, except as may otherwise be indicated, you will be billed whether or not any report you purchase yields the indicated results, and whether or not the results contain incorrect information or no information at all.

7. Trial Periods

We may offer you access to either free or paid trial uses of the Services; However, If you choose a paid trial, the trial fee will be immediately billed to your Payment Account on file.

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 for said fee will be billed to your Payment Account on the effective date and thereafter on a recurring monthly basis, unless and until you cancel the services. VINReportsPro will not be held liable or responsible for payments incurred on the user if they fail to properly cancel their trial subscription.

8. Indemnification

We will not be liable for any access to your account caused by unauthorized disclosure of your account information by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.

You agree to indemnify, defend, and hold us harmless for damages or losses caused by you or another party due to any access to or use of the Services through your account, or any information contained therein, by a third party, whether authorized or unauthorized.

9. Recurring Payment Subscriptions

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

YOUR SUBSCRIPTION WILL AUTOMATICALLY BE RENEWED EVERY 14 DAYS STARTING ON THE “NEXT BILLING DATE” RECOGNIZED FROM YOUR ORIGINAL ORDER CONFIRMATION, AND FOR EVERY 14 DAYS RECURRING AFTER THE “AUTOMATIC RENEWAL DATE”. YOU WILL BE INFORMED OF THESE PAYMENTS WITHIN THE PROCESS OF SIGNING UP, AND YOU WILL BE GIVEN THE OPTION TO AUTHORIZE THEM DURING THIS TIME. WHEN YOU CLICK THE “GET REPORT” BUTTON ON THE SIGN-UP PAGE, YOU ARE INDICATING YOUR CONSENT TO SUBSCRIPTION BILLING. ON THE DATE OF EACH RENEWAL, YOU WILL BE CHARGED THE CURRENT RATE OF THE SUBSCRIPTION YOU CHOSE FOR YOUR ORDER OF SERVICE IN YOUR PAYMENT ACCOUNT.

YOU ARE ABLE TO CANCEL YOUR SUBSCRIPTION AND ACCOUNT AT ANY TIME. TO DO THIS, (1) CONTACT US VIA OUR LIVE SUPPORT IN THE BOTTOM RIGHT CORNER OF THE WEBSITE (2) SEND US AN EMAIL TO CANCEL AT support@vinreportspro.com. THE CUSTOMER SERVICE DEPARTMENT IS AVAILABLE 24/7.

PLEASE BE AWARE THAT SUBSCRIPTION FEES ARE BILLED TO YOUR ACCOUNT IN ADVANCE, AND REFUNDS ARE NOT AVAILABLE FOR UNUSED PARTS OF YOUR SUBSCRIPTION. IN TURN, YOU MUST CANCEL BEFORE THE AUTOMATIC RENEWAL DATE IF YOU WANT TO AVOID AN AUTOMATIC RENEWAL OF YOUR PAID IN FULL SUBSCRIPTION/TRIAL.

10. Customer Support

If you have any questions or concerns, our Customer Support team is available 24/7. If there is an issue with billing, reach out to the Customer Support through using our online form, by emailing support@vinreportspro.com or by using our live chat.

11. Grant of Rights

Upon your assent with the Terms of Service and completion of assigned payment requirements, we permit you a personally specified, cancellable, restricted, universal, inviolable right to utilize Services for your distinctive, single, non-salable, and physical use only. We save all rights of ownership within the Services explicitly permitted to you. You are fully aware that you might not have access to specific services which may be otherwise accessible to other users.

12. FCRA Notice

ABGB, LLC does not stack basic background information for purposes of employment and does not act as a “Purchaser Detailing Agency” per the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., as modified. The detailed reports we provide do not act as “Purchaser detailed reports” per the FCRA for the reason that they are not expected to be used or collected in full or in part for any allowable reasons under the FCRA. The Services provide and aggregate access to information that is open to the public, but for non-commercial and personal use only. You are CLEARLY FORBIDDEN from putting any information from search results to use. You may not use this information for (a) victimizing or discriminating against any purchaser; (b) for considering a purchaser’s qualifications for personal insurance or credit, housing, employment, benefits or licensing; or (c) to affect a purchaser’s current financial and economic status. You are fully aware of and agree to the fact that any such use of information acquired from search results could end in you being subjected to liability per the FCRA. You are agreeing to identify, protect and not negatively utilize ABGB, LLC and its directors, officers, employees, agents, partners, affiliates, data providers and licensors against and from all third-party claims, expenses, liabilities, or demands of any kind, because of surfacing out of your utilization of information gotten from search results in a mode that is covered under the discretion of the FCRA.

13. DPPA Notice

You are fully aware, you agree to, and you acknowledge the fact that you may run a motor vehicle record search through the Services and access the search results of that specific search solely for a permitted purpose per the Driver’s Privacy Protection Act of 1994 (“DPPA”), 18 U.S.C. § 2721, et seq., as altered, and as augmented or constricted by the rules, regulations, and laws of the state from which the motor vehicle record is pursued. (All together, “DPPA Laws”). You fully constitute that you acknowledge the requirements and restricted parts of the DPPA Laws, and that you are running your search through the Services for sole purpose under the DPPA Laws. You are fully aware that your use of the motor vehicle records made available through the Services for any purpose other than a viable under the DPPA Laws may issue you to criminal fines for not complying and to civil liability in the form of a private right of action, including punitive and actual damages, and attorney’s fees as well. You are agreeing to identify, protect, and not negatively utilize ABGB, LLC and its directors, officers, employees, agents, partners, affiliates, data providers and licensors against and from all third-party claims, expenses, liabilities, or demands of any kind, because of surfacing out of your violation of the DPPA Laws.

14. Restrictions on Use

You are fully responsible for your access to use of the Services. We put aside your right to prohibit service, end accounts, and or cancel orders at its discretion, including, without capacity, if we think that your actions violate law, or violate these Terms of Service, the privacy policy, or puts our interest in danger.

14.1 General Restrictions

You may not use the Services, or any search results or other information you may receive through use of the Services (“Information”), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms of Service. Specifically, you agree that you shall not use Information to engage in stalking or harassing of any individual, requesting information under false pretenses, or identify theft. You further agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify the Services Content (as defined below) in any manner or form, (iii) copy, distribute, or create derivative works based on the Content, (iv) exploit the Services or Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, (v) sublicense, sell, resell, or otherwise convey the Services or Content or any elements thereof, including without limitation for commercial, collections, governmental, marketing, or advertising purposes, (vi) access the Services from Internet Protocol (IP) addresses outside of the United States; or (vii) use the Services to create a competing product.

14.2 Services Content.

Without restriction to these Terms of Service, you are not allowed to re-distribute, sell, re-publish, display publicly, create imitative works from, re-transmit, modify, or exploit the Services and its contents, or any included part of them, including but not restricted to any and all graphics, text, images photographs and computer code (collectively and individually, the “Content”.). ABGB, LLC, and/or its related licensors or companies, expressly retains all right, interest and title to the Content, including but without restriction to all intellectual ownership property rights, during and throughout. ABGB, LLC, and its related licensors and companies have the ownership to all rights including worldwide copyright, in the Content solely for the duration of the rights in each country, in each language, and throughout the entire universe. You are not permitted to use the content in any way, shape or form, unless in complaint with these Terms of Service. You are not allowed to change, sell, loan, lease, or create derivative works based on the content. You are not allowed to change or get rid of any exclusive notices from downloaded content or printed from the Services. Except as expressly authorized by these Terms of Service, any use of the Content could violate copyright and/or other relevant laws.

You are fully aware that the content could include specific personal information and it is your duty to remain all accessed information secure and confidential. You will remove any and all information gotten through your Services and kept stored electronically, or through hard copy by you within the time frame of (90) days of your initial purchase of the information.

14.3 Third-Party Content.

The content, as well as the services, could hold information and materials that are provided by third parties (called, “Third-Party Content”). Third-Party Content is the copyrighted work of its proprietor, whom fully retains all right interest in and title to the Third-Party Content, including and without restriction to, all intellectual property rights through and throughout. Third-Party Content also could be subjected to different or extra terms of use and or privacy policies of such third parties. Please reach out to the correlated third party for more information in regards to any different or additional terms of use relevant to Third-Party Content.

14.4 Trademarks.

With the exception of text and images that are within the public domain or otherwise publicly available, Midwest VINS, the logo of Midwest VINS, and any and all Midwest VINS names of product are services and trademarks of ABGB, LLC (referred to as “Midwest VINS Trademarks”), and not a single thing in these Terms of Service are to be construed as granting any license or right to utilize the Midwest VINS Trademarks without ABGB, LLC’s consent before utilization. Any and all service marks, logos, and trademarks included on the Services (“Marks”) are the full property of ABGB, LLC, or third parties, you are not allowed to use such Marks without the express, prior to written consent of ABGB, LLC or the applicable third party.

14.5 No Automated or Non-Human Means of Access.

You are also not permitted to access or use the Services via any non-human or mechanized, such as spiders, scripts, bots, or software; you may not utilize or access the site for purposes of harvesting, scraping, mining, or data extraction of any kind. You may not utilize the site for any disruption, interference, or other illegal/unauthorized purpose. For example, interference with the Services’ operations or interference with access to the Services though Trojan horses, worms, time bomb, cancelbots, or other virus applications.

14.6 Additional Permissions.

You are allowed to request additional permissions to utilize the Content by reaching out to us as described on the Services. If making a request like this, you warrant and represent that all information and statements you provide to us are accurate and true and that you are authorized to act in account of and to bind any organization on whose behalf you are requesting permissions.

You are also not allowed to make use of the content or services not explicitly allowed in these Terms of Service unless and until we reach out to you and grant your test additional permissions. When these permissions are granted they are to only to be exactly on point with any such permissions. If not explicitly stated otherwise in our grant of any such additional permissions, our grant of these permissions can be revoked at any given time by us and it expires six (6) months after the date of the grant. In addition, ion you are granted such permissions, you are a full representation of the warrant that your use of the services will not infringe on any applicable law, rule or regulation, or violate the rights of any third part (including without restriction by the slander or violation of any rights of privacy for publicity).

14.7 Monitoring of the Services; Audit.

Violations discovered in any review and/or audit by Reseller or a Data Provider will be subject to immediate action, including, but not limited to, suspension or termination of your right to use our Services or legal action. ABGB, LLC or its Data Providers (defined below) may, upon reasonable notice, audit your records, processes, and procedures related to your use, storage, and disposal of our Services and Content. You agree to cooperate fully with any and all audits. ABGB, 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. ABGB, LLC reserves the right, but does not undertake the obligation, to monitor the use of the Services, and to investigate and take appropriate legal action against any party that uses the Services and Content in violation of these Terms of Service or applicable law. Your violation of any of these use restrictions may result in automatic termination of your account and the licenses granted hereunder.

14.8 Data Providers

You acknowledge and agree that the Services include information collected from third-party data providers (“Data Providers”). If ABGB, LLC or its Data Providers determine or suspect that you are engaging in commercial, marketing activities, or reselling or brokering the Content, or are otherwise violating in violation of these Terms of Service, we or our Data Providers may take immediate action, including legal action and termination of these Terms of Service. You understand that our Data Providers are third-party beneficiaries of these Terms of Service, which means that they can enforce any of the provisions herein.

15. Disclaimers

You understand that Information may not be available for all states and that we may not have access to some records that may be available to other parties. You also understand there may be a delay between our receipt of certain records and the inclusion of those records in Information. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question. Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and you acknowledge that this data may contain errors and omissions. We do not guarantee that Information provided in a search result is current, free of error, accurate, or contains specific information and you therefore should not use the Services to verify any individual’s arrest, booking, or criminal records, or the condition of any vehicles. We do not guarantee the correctness or completeness of the Services or the Information. You agree and understand that, except as may otherwise be indicated, any unpaid, preliminary results may differ from paid member searches or reports. You expressly agree that use of the Services is at your sole risk. ABGB, LLC shall not be liable for any loss, liability, cost, or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Services, Information, and Content, including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, cyber breach, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information, services and other content provided on the Services, and we are not liable for any reliance you place on the Services. For the most recent records concerning any individual or vehicle presented on the Services, contact the relevant state or local office, agency, or department. All individuals appearing on the Midwest VINS are innocent until proven guilty in a court of law. ABGB, LLC is not affiliated with the United States Government or any federal or state government agency.

16. Linked Websites and Services

The Services may contain links to and integrations with third-party websites and services, and you agree that ABGB, LLC provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services. ABGB, LLC does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Services is at your own risk, and ABGB, LLC is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such websites and services. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Service.

17. No Warranties

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ABGB, LLC PROVIDES ALL SERVICES, CONTENT, AND INFORMATION “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. ABGB, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACHIEVE THEIR INTENDED RESULTS, OR BE ACCURATE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, ABGB, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THE SERVICES.

18. Limitation of Liability

NEITHER ABGB, LLC, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, NOR ABGB, LLC‘S THIRD-PARTY DATA PROVIDERS, WILL BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE SERVICES, OR (III) ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY ABGB, LLC‘S ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY. OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED FIVE HUNDRED US DOLLAR. ABGB, LLC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ABGB, LLC SYSTEMS, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH Midwest VINS OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF Midwest VINS OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF MIDWEST VINS OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.

19. Indemnification

You agree to indemnify, defend, and hold harmless ABGB, LLC and its affiliates, subsidiaries, officers, directors, agents, employees, partners, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Services or any Information you obtain through the Services (or any third party receiving such information from or through you), (ii) your violation of these Terms of Service, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

20. Liquidated Damages

You agree that if you improperly use or disclose any of the data contained in the Services, it would be impracticable or extremely difficult to fix the actual damages resulting to us and our Data Providers. Therefore, you agree to pay to us and/or our Data Provider, the sum of One Hundred and No/100 Dollars ($100.00) per record contained in the Services that you improperly use or disclose in violation of these Terms of Service.

21. Security

We use commercially reasonable measures to provide the Services. Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. We do not guarantee that your information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your information.

22. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

22.1 Arbitration Notice.

This notice indicates that you, and our party agree to the fact that if any claim or dispute arises regarding these Terms of Service, or any other services it is to be resolved per a confidential binding arbitration, as opposed to in court. This will occur after the first given Notice of the Dispute or “Notice” to the other party in order to discuss resolving within thirty (30) days of such notice. This notice is to be sent to: 227 Lewis Wharf, Boston, MA 02110. This notice must include a detailed description of the basis and nature of the claims that the party is pushing forward, as well as the desired resolution.

If both parties are not able to fix the issues that pertain to the claims stated in the notice within thirty (30) days after the notice has been sent, both parties are allowed to initiate arbitration procedures. There is not a jury or a judge involved with arbitration, and court review for arbitration award is capped to a limited amount. Despite this, an arbitrator, on an individual basis has the ability to award the same relief and damages as the court (including declaratory and injunctive relief, as well as statutory damages) but must follow all provisions included in these Terms of Service the same as a court would. YOU RECOGNIZE AND ARE FULLY AWARE OF THE FACT THAT FORFEITING YOUR RIGHT TO TRIAL BY JURY AND TO OTHERWISE PURSUE ACTION WITHIN A LAWSUIT IN FEDERAL OR STATE COURT.

The Federal Arbitration Law and the federal arbitration laws apply, and the American Arbitration Association (AAA) will tend to the arbitration under the Supplementary Procedures for Consumer Related Disputes as well as the Commercial Arbitration Rules. The payments for all administration, arbitrator, and filing fees will be regulated and governed by the AAA’s rules.

The arbitration is to be held in the State of Kentucky or at a location that is agreed upon mutually. If the arbitration involves the consumer, then the arbitration will be held at a convenient location for the consumer. If the desired relief value is $10,000 or less, either party has the ability to elect to have the arbitration held over the telephone solely based on submissions that are written. This election shall be binding on both parties. Upon the arbitrator’s discretion, they may be subject to require a hearing in-person if the circumstances include so. Attendance at an in-person meeting can be made by telephone by either party unless the arbitrator requires different circumstances.

The arbitrator is to decide the contents of all claims in accordance with the laws of the State of Kentucky, including the recognized principles of equity, and the honor of each and every claims of privilege that are recognized by applicable law. The arbitrator is also to decide on any questions related to the applicability, enforceability, and interpretation of this arbitration clause, except when one of the party files an in-court claim because it is an expert claim (as defined below). If either party files an Exempt Claim, the court that is dealing with that claim is to determine if the claim is an Expert Claim under this Arbitration Clause. The arbitrator’s award is to be binding, final, and confidential. The judgment on the award rendered by the arbitrator may be put into any court that has jurisdiction thereof.

Without standing any provisions in these Terms of Service, on the contrary, both parties agree that if any chancer to this Section are made (other than a change in any notice address or website link provided) in the future, that change will not apply to any claims that are filed in a proceeding against our party before the date of change in effect. In addition, if our party seeks termination of this Section, any termination of this nature will not be effective until thirty (30) days after the version of these here Terms of Service that contain this Section is posted online on our websites, Also, these changes will not be effective as to any claim that has been filed in a proceeding against us prior to the date in effect of the termination.

CLASS-WIDE ARBITRATION WAIVER:

BOTH PARTIES AGREE THAT ANY DISPUTES BETWEEN OUR PARTY AND YOURS SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAVE YOUR RIGHT TO PARTICIPATE IN A CLASS-WIDE ARBITRATION. If a claim happens to proceed in court rather than arbitration for any reason, both parties shall waive any right to a jury trial.

EXEMPT CLAIMS:

Our company and your party agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:

(1) Both of our parties are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that deems the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.

(2) Our company and yours are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other Misuse of intellectual property rights. Such a claim may be brought to any court of competent jurisdiction. Both of our parties agree to the fact that infringement or any other misuse of intellectual property rights could have the potential to cause severe damage in which financing could not be fixed. The party in action of engaging in infringement or any other misuse of intellectual property rights holds the responsibility of recovering costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT OUT:

You have the opportunity to opt-out of this mandatory arbitration. To do so, you are to write to us within sixty (60) calendar days of your agreement to this Arbitration Provision by mail to support@vinreportspro.com. Be sure to include your name, address and the date in the correspondence. This is the sole option that exists for you to opt-out.

22.2 CLASS ACTION WAIVER:

YOU HEREBY ARE WAVING YOUR RIGHT TO ENGAGE IN ANY CLASS ACTION LAWSUIT REGARDING ANY DISPUTES BETWEEN YOUR PARTY AND OUR COMPANY. If any claim proceeds in court as opposed to arbitration, we each waive any right to a jury trial.

22.3 Claims and Disputes Must be Filed Within One (1) Year.

To the extent permitted by law, and without limiting the effect of any disclaimer contained hereby, any claim or cause of action that you might have in regards to your use of the Services, including, but without limitation to any mobile application, website, or any other service-related product content, or service must be initiated and commenced within one (1) year after the claim or cause of action occurs. This section is to apply to your and your heirs, assigns, and successors.

23. Governing Law and Jurisdiction

These Terms of Service are to be governed by and constructed in a manner that aligns with the laws of the Commonwealth of Kentucky, without reference to its conflict of the principles of law.

24. General Provisions

These Terms of Service constitute the full agreement between our party and yours, and also govern the use of the Services, which supersede any and all prior agreements (including, but with limitation to prior versions of these Terms of Service).

There is no agency, partnership, employee-employer, or franchisor-franchisee relationship that is created or intended by these Terms of Service.

If there is any part of these Terms of Service that is held unenforceable, this portion is to be construed in a manner that is consistent with the applicable law. This applicable law is to reflect as accurately as possible the original intentions of the parties. Also, the remaining portions are to remain in full effect. Our company’s failure to enforce any provisions or rights within these terms of services will not constitute specific waivers related to any provisions or any provisions in these here Terms of Service. There will be no waiver of any of the provisions of these Terms of Service that is a waiver of any outside provision, whether this other provision is similar or not. In addition, no waiver constitutes a continuing waiver.

25. Information Collection

When you use these Services, we may initiate collecting the following forms of personal information about you. These types of personal information include: (A) personal information we request from you: (B) personal information we automatically collect; and (C) personal information we may receive from third parties.

25.1. Requested Personal Information.

On various pages in the Services, we may request information, and you may be ordered to provide specific perusal information including but without limitation to:

  • Financial Information including name, credit card number, name, CVV code, date of expiration;
  • Demographic information you choose to provide such as age or date of birth;
  • Information you provide such as comments, feedback, or other messages;
  • Contact and account registration information such as name, email address, physical billing address, phone number, and business name.

25.2 Personal Information We May Automatically Collect About You.

Our services may automatically collect certain personal information about you. We utilize this personal information to aid us in designing our Services in a manner that better suit our user’s needs. This personal Information may include:

  • Your Midwest VINS search history and search engines used;
  • Mobile device information, including the top of device you use, operating system version;
  • Browser type, referring/exot pages, operating systems related data, and date/time Stamps;
  • IP address (the number associated with the service through which you access the Internet, like your ISP (Internet service provider));
  • and the device identifier otherwise abbreviated as (UDID); Analytics about use of the Services, such as how often you use pages or features of Services, and in what ways you utilize them.

To learn more about the technologies we utilize to collect the listed personal information above, which include cookies, see Section 3 entitled “Usage of Cookies and Other Network Technologies”.

25.3 Information We Receive from Third Parties.

Third-Party Websites and Social Media Platforms. We may not collect any other additional personal information about you from the third-party websites and social media platforms, such as but without limitation to Instagram and Facebook in order to help us provide services to you, to aid in preventing fraud, and for advertising and marketing purposes.

Information that we may access about you (with consent on your behalf) may include (without limitation to) your basic Social Media Platform information, your list of contacts, your location data, and follows or friends and specific information about your activities within the Social Media Platforms. Please be sure to keep in mind that when you do provide information to us on a third-party platform or website (for example, from our applications, the information that you provide may be separately collected by the Social media platform or the third-party website.

The information that we collect is covered by this Privacy Policy, and the information the third-party website or Social Media Platform collects is fully subjected to the platform’s privacy practices or the third party website. We do encourage you to be fully aware when you leave our Services and we encourage you to read the privacy policies of other sites that might collect your personal information.

Refund Policy

Please visit our Refund Policy page.

Contact Us

If you have any questions or concerns about these Terms of Service or wish to contact us for any other reason, please click here to contact us.