a. Welcome to this website (“Site”), as operated by VINCHECK, LTD (“Company”). Company operates the Site and other associated services and offerings, including, without limitation, mobile and tablet applications, that allow users to list and/or locate cars, trucks or other automobiles (collectively, “Vehicles”) for sale (collectively, the “Service”), and makes it available to you subject to the following terms and conditions of service (the “Terms”). The Terms are a legal contract between you, an individual user or single entity (individually “User” or collectively, “Users”), and Company regarding your use of the Service. You will also be subject to any additional posted guidelines or rules applicable to specific premium services, products, and features offered through the Service, which are hereby incorporated into these Terms. 

b. You are granted permission to use the Service, provided that you comply with the Terms. BY ACCESSING AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AT ANY TIME, PLEASE DO NOT USE THE SERVICE. 

c. VINCHECK, LTD is a licensed affiliate of ClearVin VIN history report. ClearVin is an Approved NMVTIS Data Provider of the National Motor Vehicle Titling Information System (NMVTIS), a program of the U.S. Department of Justice, that is also well-known as the most reputable nationwide database of vehicle history records. We use only advanced and powerful tools to provide our clients with a reliable car history, including title brands such salvage, junk or flood, odometer reading information, thief records and much more.

d. Clearvin. By accessing and using ClearVin Vehicle Report, you acknowledge and agree that the report is provided solely for your internal use and not for commercial or external distribution. You agree to comply with all applicable laws and regulations in connection with your use of the report, and to use the report only for lawful purposes. You acknowledge that any unauthorized use of the report may result in civil or criminal liability. ClearVin reserves the right to terminate your access to the report at any time if it determines that you have violated these terms and conditions or any applicable laws or regulations.

1. By accessing and using ClearVin Vehicle Report, you acknowledge and agree that you do so at your own risk. You expressly waive and release ClearVin, its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, liabilities, costs or expenses arising out of or in connection with your use of the report, including but not limited to any errors or omissions in the report or any damages resulting from the use or reliance on the report. You agree to indemnify and hold ClearVin, its officers, directors, employees, agents, and affiliates harmless from any and all claims, demands, damages, liabilities, costs or expenses arising out of or in connection with your use of the report or your violation of these terms and conditions. This waiver and indemnification obligation will survive any termination or expiration of your use of ClearVin Vehicle Report.

2. By accessing and using ClearVin Vehicle Report, you acknowledge and agree that ClearVin owns all rights, title, and interest in and to the services, including all intellectual property rights and trademarks. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, or services obtained from or through ClearVin without the prior written consent of ClearVin. You further acknowledge that the report and all data contained therein are confidential and proprietary to ClearVin, and you agree to maintain the confidentiality of such information and to use it solely for the purposes of internal use. You agree to protect the proprietary nature of the report and to take all reasonable steps to prevent unauthorized access to or use of the report. Any unauthorized use of the report may result in civil or criminal liability. You agree to comply with all applicable laws and regulations in connection with your use of the report, including but not limited to laws related to intellectual property and data protection.

 1. APPLICABLE TERMS AND POLICIES. 

a. Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features, including, without limitation, end user license agreements for downloadable applications, which may be posted from time to time (collectively, the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms. 

b. Privacy Policy. Please read the Privacy Policy (“Privacy Policy”) carefully for details relating to what information and data Company collects from you and other users, and how we use that information internally and disclose it to third parties. Company’s Privacy Policy is hereby incorporated into these Terms by reference. 

2. OUR PROPRIETARY RIGHTS. 

a. General. The content, interactive and visual features, software, information, listings, and all other elements of the Service provided by Company (“Company Materials”) are owned and/or licensed by Company and protected by all relevant intellectual property, proprietary, and other applicable laws and regulations. Company Materials do not include User Submissions (as defined below). Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, or otherwise make unauthorized use of the Service and Company Materials. Company reserves all rights not expressly granted herein. 

b. License. Company grants you a non-exclusive, limited, non-transferable, and revocable license to use VINCHECK’s Materials solely in connection with your use of our Website and Services. The Users accept the terms and conditions of the licensed products and the licensed Data of VINCHECK. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or upon the termination of this Agreement. 

c. Further Restrictions. You further agree not to (i) intentionally interfere with, damage, impair, or disable the Service’s operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (ii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users; (iii) use the Service or Company Materials for any unlawful purpose or as prohibited by these Terms; (iv) defame, harass, abuse, threaten, stalk, impersonate, or defraud other Users, or collect personal information about them or third parties without their consent; (v) use any robot, spider, scraper, site search/retrieval application, or other automated means to access the Service for any purpose (including, without limitation, to retrieve information from or data mine the Service) without Company’s express consent or bypass Company’s robot exclusion headers or similar measures; (vi) remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (vii) attempt to gain unauthorized access to the Service, other User accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (viii) deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion; (ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (x) harm or exploit minors; or (xi) modify, adapt, reproduce, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation. 

d. Service Access. The Service is controlled and offered by Company from its facilities in the United States and elsewhere, including all or a portion of the Service that may be operated from the “cloud”, or other similar distributed hosting environment. Company makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. 

 3. USER SUBMISSIONS. 

a. General. The Service may now or in the future permit the submission and posting of or linking to data, files, text, photos, commentary or any other content submitted by you and other Users, including without limitation, listings for Vehicles (collectively, “User Submissions”), and the hosting and/or publishing of such User Submissions. Company may or may not use or publish your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Company does not guarantee confidentiality with respect thereto. Furthermore, the Service may now or in the future restrict the amount and/or number of User Submissions you may host on the Service, and you agree that Company may impose such limits in its sole discretion. 

b. Grant of Rights. By submitting User Submissions to Company or the Service, you hereby grant Company and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit (collectively, “Use”) your User Submissions in connection with the Service (including, without limitation, to provide you with any related services) and/or Company’s (and its successor’s) business (including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered). You grant Company, its affiliates, and sub-licensees the right to use any personal information that you submit in connection with such User Submission, as provided for in the Privacy Policy. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each User of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Service and these Terms. Except for the limited rights set forth in these Terms, each User retains all right, title, and interest in its User Submissions. If you make suggestions or provide feedback to Company on improving or adding new features to the Service, Company may Use such suggestions or feedback in any manner without any compensation to you. 

c. User Submissions Representations and Warranties. You and each User shall be solely responsible for your User Submissions and the consequences of uploading, posting, or publishing them through the Service. In connection with User Submissions, you represent and warrant that: (i) you own, or have the necessary rights to use and authorize Company to use, all intellectual property or other proprietary rights to User Submissions to enable inclusion and use of User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above (without any additional compensation); and (ii) your User Submissions, Company’s and other Users’ use of such User Submissions in connection with the Service, and Company’s and other Users’ exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property and proprietary rights; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation (including, without limitation, any laws applicable to the advertising or sale of Vehicles). 

d. User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Company or any third party; (ii) submit material that is inaccurate, misleading, defamatory, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages (or provides instruction regarding) conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate; (iii) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iv) upload User Submissions that would be harmful to minors in any manner. 

 4. NMVTIS CONSUMER ACCESS PRODUCT DISCLAIMER 

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.” 

 NMVTIS data INCLUDES (as available by those entities required to report to the System): 

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. 
• This information will include if the vehicle was determined to be a “total loss” by an insurance carrier. 

 5. DISCLAIMER REGARDING NMVTIS 

Consumers are advised to visit https://vehiclehistory.bja.ojp.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.

 6. NON-COMPANY CONTENT DISCLAIMER. 

You understand that when using the Service, you will be exposed to User Submissions and other content from a variety of sources, including listings information that Company aggregates from third parties (collectively, “Non-Company Content”). COMPANY IS NEITHER RESPONSIBLE NOR LIABLE IN ANY WAY FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OR INFRINGEMENT RELATING TO SUCH NON-COMPANY CONTENT, NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-COMPANY CONTENT DISPLAYED OR TRANSMITTED VIA THE SERVICE, OR ANY CONTACT YOU HAVE WITH ANY THIRD PARTY PROVIDER/CONTRIBUTOR OF NON-COMPANY CONTENT, OR ANY TRANSACTION YOU CONSUMMATE IN CONNECTION WITH YOUR USE OF OR ACCESS TO ANY NON-COMPANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY SALE OR PURCHASE OF A VEHICLE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY IS NOT RESPONSIBLE OR LIABLE (UNDER ANY THEORY OF LIABILITY) FOR ANY USER’S OR THIRD PARTY’S VIOLATION OF LAWS OR REGULATIONS RELATING TO THE PURCHASE AND/OR SALE OF VEHICLES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO NON-COMPANY CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO. COMPANY DOES NOT ENDORSE ANY USER SUBMISSION OR OTHER NON-COMPANY CONTENT OR ANY OPINION EXPRESSED THEREIN. 

  7. NON-MONITORING OF NON-COMPANY CONTENT AND USERS. 

Company does not control the Non-Company Content posted by Users and does not have any obligation to pre-screen or monitor such Non-Company Content. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor the Non-Company Content, Company nonetheless assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the User submitting any such Non-Company Content. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any Non-Company Content, in whole or in part, for any reason. Furthermore, you alone are responsible for your involvement with other Users. Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. Company disclaims all liability related to any User disagreement. 

  8. ACCOUNT INFORMATION. 

In order to use some features of the Service, you may have to create an account through our online form(s) or depending on the service, through the use of your login(s) for Facebook or other social networking sites. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. Our use and disclosure of such information is specified in our Privacy Policy. 

If you are opening an account or using the Service on behalf of yourself, you represent that you are the age of majority in your jurisdiction and fully able and competent to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. 

 If you are opening an account or using the Service on behalf of a company, entity, or organization (collectively “Registering Organization”), then you represent and warrant that you are an authorized representative of that Registering Organization with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such Registering Organization. 

  9. PASSWORD. 

When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely 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. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account. 

  10. THIRD PARTY SERVICES AND THIRD PARTY MATERIALS. 

Company may provide tools through the Service that enable you to export information, including exporting User Submissions to third party services (such as Facebook) or to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal, non-commercial use. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links, information, and references to third party products, services, and websites, which Company does not control or maintain (“Reference Sites”). Access to and use of any Reference Sites is at the User’s own risk and Company is not responsible for the legality, accuracy or reliability of information or statements on Reference Sites. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Reference Sites, as Company’s Terms do not apply to them. 

 11. DEALINGS WITH ADVERTISERS. 

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service are solely between you and such advertiser or third party. You agree that Company will not be responsible or liable for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers/third parties on the Service. 

 12. DISPUTES WITH THIRD PARTIES. 

If you have a dispute with: (i) another User of the Service; (ii) the provider of any Reference Site or Non-Company Content; (iii) any provider of any listing posted on or made available in connection with the Service; (iv) any third party that contacts you as a result of your use of the Service; or (v) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  

  13. AVAILABILITY OF THE SERVICE. 

Company may make changes to or discontinue any part of the Service at any time without notice. The Service may be out of date, and Company makes no commitment to update materials on the Service. 

14. TERMINATION. 

These Terms become effective on the date you first use the Service and continue in effect until terminated in accordance with the provisions herein. You agree that Company may suspend, disable, delete or terminate your account or use of the Service at any time in its sole discretion, and you agree that Company shall not be liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account, if any, and discontinuing use of the Service. In the event that these Terms are terminated, you will not register a new account under a different name. Upon termination, all licenses granted by Company herein will terminate. In the event that your account is removed or deleted for any reason, User Submissions that you submitted or saved may no longer be available. Company shall not be responsible for the loss of such content. 

15. INDEMNIFICATION; HOLD HARMLESS. 

You agree to indemnify, defend, and hold harmless Company, and its parent, subsidiaries, affiliates or any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of: (i) your use or misuse of the Service; (ii) your User Submissions, including Company’s or other Users’ use, display or other exercise of their license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (v) your breach of the foregoing representations, warranties, and covenants. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it. 

 16. DISCLAIMERS. 

DISCLAIMER AS TO LISTINGS. 

a. COMPANY IS ONLY A LISTING SERVICE FOR VEHICLES THAT BRINGS TOGETHER BUYERS AND SELLERS AND IS NOT A PARTY TO ANY TRANSACTION BETWEEN BUYERS AND SELLERS THAT ORIGINATES ON THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE LISTINGS ON THIS WEBSITE DO NOT CONSTITUTE OFFERS FOR THE SALE OF VEHICLES, AND ARE THEREFORE NOT SUBJECT TO APPLICABLE LAWS RELATING THERETO. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY OF THE LISTINGS (INCLUDING, WITHOUT LIMITATION, APPEARANCE, ACCESSORIES, PRICE, OR AVAILABILITY OF ANY GIVEN VEHICLE) OR OTHERWISE. 

b. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT THAT ANY OF THE LISTINGS ON THIS SITE ARE AFFORDABLE OR A GOOD DEAL FOR YOU. INFORMATION ABOUT A PARTICULAR VEHICLE IS SUPPLIED BY THE SELLER, AND THE PRICE AND OTHER TERMS OF ANY SALE REMAIN SUBJECT TO NEGOTIATIONS BETWEEN THE BUYER AND THE SELLER. THE PRICES LISTED BY SELLERS ON THE SITE OFTEN EXCLUDE TAXES, FINANCE CHARGES, TITLE, LICENSE, AND OTHER FEES ANY OR ALL OF WHICH MAY BE ADDED TO THE LISTED PRICE TO ARRIVE AT THE FINAL PRICE YOU PAY FOR A GIVEN VEHICLE. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT RESPONSIBLE FOR, AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, ANY VEHICLE OR OTHER PRODUCTS OR SERVICES LISTED ON THE SITE OR ANY REFERENCE SITE OR THAT YOU MAY TRANSACT WITH THIRD PARTIES FOR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. 

 c. GENERAL DISCLAIMER. THE SERVICE, COMPANY MATERIALS, AND ANY NON-COMPANY CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

d. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS OR DATA, OR ANY LOSSES OR HARMS OF ANY KIND YOU MAY SUFFER AS A RESULT OF FOLLOWING UP ON, TRANSACTING AS A RESULT OF, OR OTHERWISE RELYING ON ANY SUCH INFORMATION. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE COMPANY MATERIALS, NON-COMPANY CONTENT, THE SERVICE, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 

 17. LIMITATION OF LIABILITY. 

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL COMPANY, ITS AFFILIATES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE COMPANY MATERIALS, NON-COMPANY CONTENT, USER SUBMISSIONS OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, PARTNERS OR SUPPLIERS’ TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS OR FEES PAID IN THE PRECEDING TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

  18. ENTIRE AGREEMENT. 

 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

   19. SEVERABILITY. 

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 20. GOVERNING LAW. 

The law applicable to the interpretation and construction of these Terms and Conditions and any transaction (including purchases made on this Website) using or related to the Website, shall be the laws of United States, without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States. All proceedings relating to the Website, these Terms and Conditions, or any transaction, including the sale of any products, using this Website, shall be brought only in the state or federal courts of United States, and you and VINCHECK do hereby consent to the jurisdiction and venue of such courts. 

 21. MISCELLANEOUS. 

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms and Conditions will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles are for convenience only. The official language of these Terms and Conditions exclusively shall be English. All communications and agreements between VINCHECK and you and any proceedings in connection with these Terms and Conditions and/or your use of the site exclusively shall be made in English. VINCHECK and you waive any rights we each may have under any other law to have these Terms and Conditions written in another language. Any translation of these Terms and Conditions will be for convenience only. 

22. CONTACT INFORMATION. 

For any questions or concerns about your use of our Services, please email us at Contact@vincheck-usa.com.