REVISED: June 21, 2012
- 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."
- A vehicle history report is NOT a substitute for an independent vehicle inspection. Before making a decision to purchase a vehicle, consumers are strongly encouraged to also obtain an independent vehicle inspection to ensure the vehicle does not have hidden damage. The Approved NMVTIS Data Providers (look for the NMVTIS logo) can include vehicle condition data from sources other than NMVTIS.
- NMVTIS data INCLUDES (as available by those entities required to report to the System):
- 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.
Consumers are advised to visit www.vehiclehistory.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.
TERMS AND CONDITIONS
FOR PURCHASE, ACCESS AND USE OF NMVTIS CHECKS
REVISED: January 15, 2013
IMPORTANT: THESE TERMS AND CONDITIONS FOR PURCHASE, ACCESS AND USE OF NMVTIS CHECKS ("TERMS AND CONDITIONS") ARE AN AGREEMENT BETWEEN CARFAX, INC. ("CARFAX") AND YOUR COMPANY ("DEALER") FOR PURCHASE, ACCESS AND USE OF THE NMVTIS CHECKS AND RELATED SERVICES THAT CARFAX MAY PROVIDE FROM TIME TO TIME ("NMVTIS CHECKS"). DEALER'S PURCHASE, ACCESS OR USE OF THE NMVTIS CHECKS DEMONSTRATE THAT DEALER (I) HAS READ THESE TERMS AND CONDITIONS AND UNDERSTANDS THEM, AND (II) AGREES TO COMPLY WITH AND BE BOUND BY THEM. IF DEALER DOES NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DEALER, ITS EMPLOYEES AND CONTRACTORS MAY NOT PURCHASE, ACCESS OR USE ANY PART OF THE NMVTIS CHECKS.
In order to purchase, access or use the NMVTIS Checks, Dealer may be required to register with CARFAX. In providing registration and other information (including without limitation, credit card or other payment information) (collectively, "Dealer Information") to CARFAX, Dealer agrees to provide CARFAX true, accurate, complete and current Dealer Information (and to promptly notify CARFAX of any updates to such Dealer Information necessary to keep it true, accurate, complete and current). CARFAX also reserves the right to request that Dealer verify its Dealer Information. If any Dealer Information is untrue, inaccurate, incomplete or not current, CARFAX (without limiting any other remedies available to CARFAX under law or in equity) has the right to suspend or terminate Dealer's NMVTIS Checks account in accordance with the "Suspension and Termination" section below.
Limitations Concerning the Use and Storage of NMVTIS Checks
Except as expressly authorized in these Terms and Conditions, Dealer may not store or use the data in the NMVTIS Checks in any format and may not merge or incorporate the data in the NMVTIS Checks in any database.
Dealer agrees that CARFAX has no responsibility or liability for storage of, or failure to store, any NMVTIS Checks. CARFAX reserves the right, in its sole discretion and without notice, to create limits on, or terminate, storage of or availability of NMVTIS Checks.
Username, Password and Security
Dealer will maintain the security of its NMVTIS Checks account username(s) and password(s) by restricting access to this account information to Dealer's authorized representatives. Dealer understands that it is liable for all activities arising out of the use of Dealer's account username(s) and password(s), including any penalties or fees which may arise from any misuse or unauthorized use of Dealer's account username(s) and password(s). Dealer will promptly notify CARFAX if it discovers or otherwise suspects any security breaches relating to Dealer's account username(s) and password(s).
The information contained in the NMVTIS Title Information, NMVTIS Brand Information, NMVTIS Junk & Salvage Information, NMVTIS Insurance Information and NMVTIS Brand Definition Glossary sections of this NMVTIS Check and the information that can be accessed through one or more hyperlinks on this NMVTIS Check were obtained directly from NMVTIS. Dealer acknowledges and agrees that: (i) some state data pertaining to a VIN may not be contained in or available through NMVTIS, (ii) some state data is provided to the system via a daily, weekly or monthly format and therefore may not be current, and (iii) some states participating in NMVTIS and entities which are required by law to provide information to NMVTIS ("Reporting Entities") having data pertaining to a VIN may have failed to provide such data for incorporation in NMVTIS. Dealer further acknowledges and agrees that AAMVA has no control over the accuracy or completeness of data contained in NMVTIS and shall not have any liability concerning the quality, completeness or accuracy of NMVTIS data.
CARFAX does not enter, supply, or validate any information in NMVTIS. Any vehicle specifications included in the NMVTIS Checks are based on a decoding of the VIN using information provided by third party data sources, which information may contain errors or omissions. Dealer acknowledges and agrees that CARFAX has no control over the accuracy or completeness of data contained in NMVTIS and shall not have any liability concerning the quality, completeness or accuracy of NMVTIS data or other information in the NMVTIS Checks.
Limitation of Liability of AAMVA and CARFAX; Indemnification
- Dealer acknowledges that neither it nor any party claiming through it shall have any right of action of any kind against AAMVA, governmental entities or contractors with regard to any use or misuse of NMVTIS data and does hereby release AAMVA, governmental entities, Reporting Entities, contractors, and the states from any such liability.
- Neither AAMVA nor CARFAX shall have any liability to any party by reason of any delay or failure to perform any obligation or event occasioned by any act of God, force majeure, storm, fire, casualty, work stoppage, strike, lockout, labor dispute, civil disturbance, equipment failure, riot, national emergency, act of government, act of public enemy, mechanical or technical failure or other causes of similar or dissimilar nature beyond its or their control.
- Except for a liability claim or loss arising exclusively from AAMVA's intentional conduct or gross negligence, Dealer does hereby indemnify, defend, and hold harmless AAMVA, its officers, directors, employees, agents and independent contractors with respect to any liability, claim or loss, whether alleged by Dealer, any customer of Dealer, or any third party, arising in connection with the connection to or provision of information from NMVTIS. This indemnification shall survive the termination of access provided under these Terms and Conditions.
- AAMVA SHALL HAVE NO LIABILITY TO DEALER OR ANY PERSON CLAIMING THROUGH DEALER FOR ANY INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE NMVTIS CHECKS PROVIDED UNDER THESE TERMS AND CONDITIONS OR THE USE OR INABILITY TO USE SUCH NMVTIS CHECKS EVEN IF AAMVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AAMVA HEREUNDER EXCEED THE AMOUNT OF COMPENSATION IT HAS RECEIVED FROM DEALER (IF ANY) DURING THE TWELVE MONTHS PRECEDING A CLAIM.
- Except for a liability claim or loss arising exclusively from CARFAX's intentional conduct or gross negligence, Dealer does hereby indemnify, defend, and hold harmless CARFAX, its officers, directors, employees, agents and independent contractors with respect to any liability, claim or loss, whether alleged by Dealer, any customer of Dealer, or any third party, arising in connection with the connection to or provision of information from NMVTIS. This indemnification shall survive the termination of access provided under these Terms and Conditions.
- CARFAX SHALL HAVE NO LIABILITY TO DEALER OR ANY PERSON CLAIMING THROUGH DEALER FOR ANY INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE NMVTIS CHECKS PROVIDED UNDER THESE TERMS AND CONDITIONS OR THE USE OR INABILITY TO USE SUCH NMVTIS CHECKS EVEN IF CARFAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CARFAX HEREUNDER EXCEED THE AMOUNT OF COMPENSATION IT HAS RECEIVED FROM DEALER (IF ANY) DURING THE TWELVE MONTHS PRECEDING A CLAIM.
Dealer agrees to pay for access and use of NMVTIS Checks at the fees in effect when the charges were incurred plus all applicable state and local taxes (including, without limitation, state sales tax in CT, DC, HI, NJ, NM, NY, SC, TX, WA and WV). Dealer agrees that all purchases of NMVTIS Checks are nonrefundable and cannot be exchanged. The price of NMVTIS Checks is subject to change without notice.
Payment; Dealer Account
If Dealer is a party to one or more agreements with CARFAX (collectively, the "CARFAX Agreement") to purchase CARFAX Vehicle History Reports on a per-VIN basis or to participate in the CARFAX® Advantage™ Dealer Program (or such other program name designated by CARFAX from time to time), then Dealer's purchases of the NMVTIS Checks will be charged to Dealer's corporate account with CARFAX, and paid by Dealer in accordance with the payment terms set forth in the CARFAX Agreement.
If Dealer does not have a corporate account, then Dealer must establish and fund a prepaid account to purchase NMVTIS Checks ("Prepaid Account"). Upon Dealer's payment of funds for the Prepaid Account, Dealer's Prepaid Account will be credited in the amount equal to the amount paid. Unless otherwise expressly authorized by CARFAX in writing, Dealer understands that credits in Dealer's Prepaid Account may only be used for NMVTIS Checks. Credits in Dealer's Prepaid Account will expire 18 months after the date of Dealer's last purchase of credit for the Prepaid Account (the "Credit Expiration Date"). As of the Credit Expiration Date, any unused credit will be forfeited, and no refunds or credits toward additional services will be given for any unused portion of the credit.
Each time Dealer purchases NMVTIS Checks with Dealer's Prepaid Account, Dealer authorizes CARFAX to deduct the applicable fees (including any applicable state and local taxes) from the balance of credit in the Prepaid Account. The amount of Dealer's current purchases may not exceed the current balance of credit in Dealer's Prepaid Account.
Suspension and Termination
Governing Law; Jurisdiction
These Terms and Conditions, and any claim or dispute relating in any way to the NMVTIS Checks, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Dealer consents to the exclusive jurisdiction of the Virginia state courts in Fairfax County, Virginia and the U.S. District Court for the Eastern District of Virginia, Alexandria Division for all claims or disputes relating in any way to the NMVTIS Checks.
Changes to Terms and Conditions
CARFAX reserves the right at any time, and at its sole discretion, to change or modify these Terms and Conditions. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by any means, including, without limitation, posting on www.carfaxonline.ca. Any purchase, access or use of NMVTIS Checks by Dealer after such notice shall be deemed to constitute Dealer's acceptance of such changes or modifications.