EpicVIN Terms and Conditions

Welcome to epicvin.com, which is owned and operated by EpicVIN® (“EpicVIN,” “we,” “us,” “our”). To remain on this site and access its features, you must agree to comply with these Terms and Conditions (“Terms”). Along with our NMVTIS Disclaimer and Privacy Policy, these Terms define your interactions with this website.

1. Agreement to be Bound; Changes to Terms

This document is a legal agreement between you and EpicVIN that outlines the rules dictating how you may use our services (“Services”), which are made available through our website, https://epicvin.com. Any use of the website or services constitutes an acceptance by you to be bound by these Terms.

We may update these Terms at our discretion and from time to time, which may include future terms, licenses, and other policies or procedures. In such an event, we will notify you through email and by prominently posting a notice on the website. Do not use our services if you do not agree to such changes. If you continue to use epicvin.com after any posted changes, your use will indicate your agreement to the modified Terms.

We reserve the right to refuse access to any service for any reason or no reason, including non-compliance with these Terms.

2. Class Action Waiver, Mandatory Arbitration, Dispute Resolution, and Governing Law

By using this Site, you acknowledge and agree to be bound by the following mandatory arbitration provision, which generally requires disputes to be resolved through individual arbitration rather than jury trials or class actions. This provision also limits the remedies available to you in the event of a dispute.

You agree that all claims, disputes, or controversies between you and EpicVIN, including its employees, agents, affiliates, subsidiaries, predecessors, successors, or assigns, arising out of or relating to the Site, any related websites, content, data, services, materials, transactions, relationships, or your information, including but not limited to tort and contract claims, and claims under any federal, state, or local statute, law, order, ordinance, or regulation, shall be resolved exclusively by final and binding arbitration as set forth herein. All such claims must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding.

You acknowledge and agree that the question of whether a dispute is subject to arbitration shall be decided by the arbitrator, not a court, and that the arbitrator may not consolidate more than one person’s claims nor preside over any form of class or representative proceeding. By agreeing to this arbitration provision, you knowingly and voluntarily waive your right to a jury trial.

Class Action Waiver: You also expressly waive any right to bring or participate in any class action related to or arising from these Terms or the matters they address. This waiver is material and essential to the arbitration agreement and is non-severable from it.

If you do not agree to this arbitration agreement and class action waiver, you must notify us in writing and cease use of the Site and any related services immediately.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of laws principles. Any disputes arising hereunder shall be treated as having been executed and performed in Miami, FL.

Dispute Resolution Process: Before initiating arbitration or litigation, you agree to attempt to resolve any dispute informally by providing written notice describing your claim and proposed resolution to EpicVIN’s customer service at support@epicvin.com or by certified mail to: EpicVIN Legal Department, 2980 NE 207th St, Suite 300-189, Aventura, FL 33180 USA. EpicVIN will respond within a reasonable time, and both parties will negotiate in good faith for at least 30 days to resolve the dispute informally.

If the dispute is not resolved within 30 days, it must be submitted to binding individual arbitration administered by a reputable arbitration organization mutually agreeable to the parties, under rules applicable to consumer-business disputes. If no agreement on the arbitration provider is reached, either party may petition a court to appoint a neutral arbitrator.

Exceptions: Claims relating to intellectual property rights or unauthorized access to data may be brought in state or federal courts located in Miami, FL. Both parties consent to the jurisdiction and venue of such courts for these claims.

Arbitration Procedure: Arbitration may be conducted remotely through an online platform to avoid the need for travel. Arbitration fees will be limited to the filing fees prescribed by the arbitration organization’s rules. Any arbitration award may be entered as a judgment in any court with jurisdiction.

If the arbitrator rules in your favor, EpicVIN agrees to reimburse your reasonable attorneys’ fees and costs. If the ruling favors EpicVIN, you are responsible for your own fees and costs.

Time Limits: Any arbitration or court proceeding must be initiated within one year after the claim arises. Failure to do so waives the claim.

Waiver of Jury Trial and Class Actions: By agreeing to these Terms, you waive the right to a trial by jury and the right to participate in class actions against EpicVIN. The arbitrator’s decision shall be final, binding, and enforceable as a judgment in any court of competent jurisdiction.

3. Age Requirements for Use of Service

EpicVIN’s services are accessible only to individuals who are at least 18 years old. By using our services, you represent and warrant that you are 18 years of age or older. If you are under 18, you may not use or access EpicVIN’s services for any reason.

4. Software and Hardware Requirements

To use EpicVIN’s services, you need Internet access and certain software that you may be responsible to pay for. Additionally, upgrades and updates are likely to be needed occasionally. We recommend high-speed Internet to access our site because performance may be hindered otherwise. We do not warrant that your computer or device will be compatible with the Services. We shall not be responsible for your failure to access the site or our Services, and no refunds shall be granted in such an event.

5. What You Should and Should Not Expect from EpicVIN

6. What EpicVIN Expects from You

You are required to have an EpicVIN account to use our Services. We generally limit registrations to unique individuals, and account transfers are typically not granted.

a. Account information must be the same as information an individual uses for his or her identification method. Single individuals or legal entities may use an account. Should you create an additional account, you may have to pay additional fees. You must also obtain our written permission to transfer your account to any third party. It is not our policy to withhold consent to the transfer of an account in good standing.

b. We may suspend or terminate your account at any time for any reason without notification. Should we do so, you will not receive a refund or be compensated in any way for remaining subscription time or anything else.

c. Remedial actions may be taken against delinquent accounts.

d. If you breach the Terms of Service or are late on a payment, resulting in your account being suspended or terminated, EpicVIN reserves the right to suspend or terminate any account that you or anyone associated with your organization have.

e. To retain access and maintain your electronic records, you may need to have specific hardware and software. By submitting data to epicvin.com, you acknowledge your agreement to abide by our terms of service and pay for transactions you agree to take part in on our website. This includes notices of cancellation, contacts, applications, and policies.

f. You will not rely on an epicvin.com report as the sole basis for a vehicle purchasing decision.

7. Reserved Rights

EpicVIN provides access to the Site as it is available from time to time, subject to these Terms. You are solely responsible for your use of the Site and any information obtained through it. EpicVIN expressly reserves the right to:

• a. monitor, review, record, audit, or otherwise oversee your or others’ use of the Site, our data services, and any information provided by users during registration or the application process (“Registration Data”);
• b. moderate and resolve any disputes between you and other users, visitors, or subscribers of the Site;
• c. verify the identity of any person accessing or using the Site, including prospective subscribers, as well as verify the purposes for which the Site is being used;
• d. refuse, cancel, or terminate any orders or accounts that EpicVIN reasonably suspects, at its sole discretion, to be fraudulent, to involve fraudulent activity, or to violate these Terms. EpicVIN further reserves the right to refuse or cancel future orders from customers with a history of fraudulent orders or credit card disputes;
• e. monitor subscriber and user activity for potential misuse or improper purposes, and to audit, investigate, require reaffirmation of compliance, restrict, limit, suspend, or deactivate accounts as deemed necessary to ensure compliance with these Terms and applicable laws. Accordingly, you acknowledge and agree that EpicVIN may contact you to verify and clarify your use of the Site, as permitted by law.

Please note that creating multiple accounts for the purpose of abusing free trials or other promotional offers is prohibited and may result in suspension or termination of your account and services.

8. Fees, Taxes, Billing, and Subscriptions

To use EpicVIN’s services or purchase products via the Site, you must create an account and agree to pay applicable fees. You will be presented with all applicable fees, taxes, and billing arrangements before your purchase, which may include recurring charges. By placing an order, you authorize EpicVIN to charge your selected payment method accordingly.

We may change pricing, billing methods, or subscription terms at any time with notice. If you do not agree, you may cancel your subscription before such changes take effect. Subscription fees are non-refundable, except as required by law. EpicVIN does not accept payment by check, cash, or money order.

All fees are subject to applicable taxes based on your residence. If your payment method is compromised or you suspect fraud, contact support@epicvin.com immediately.

9. Billing Errors, Promotional Prices, and Discounts

Any promotional prices or discounts applicable to your order will be clearly displayed at the time of purchase on the checkout page. If you believe there has been an error in your billing, please notify our Customer Support team as soon as possible by emailing support@epicvin.com. We are committed to promptly investigating and resolving any billing issues to ensure your satisfaction.

10. Intellectual Property Rights

U.S. and international intellectual property laws protect EpicVIN Rights, which comprise the services that we offer and to which we own all right, title, and interest. As a user of our services, you agree not to copy, modify, or create derivative works based off of our offerings. Additionally, you will not use any automated or manual process to copy or monitor our content.

You are not allowed to use our service marks, logos, trademarks, trade names, or any other brand features without written permission from us. Third-party content that appears in our services is not included in EpicVIN Rights. Conversely, we are not responsible for any content that you post to our website directly or via a third party. As such, you are responsible for protecting your intellectual property. Your posting of content on our services constitutes your intent to allow EpicVIN a worldwide, non-exclusive, royalty-free license to use such content as we deem appropriate. Content posted via our services remains posted at our discretion.

Information that you self-report, personal or otherwise, is authorized for us to use as outlined in our Privacy Policy. We may also share this information with third parties and call centers for their use. Additionally, your submission of this information authorizes us, third parties, and call centers to use your phone number to contact you. Do not submit your information if you do not wish to be contacted via telephone.

11. General Compliance with Laws

EpicVIN operates its services from offices located in the United States. Your use of our services affirms that you comply with all applicable laws, statutes, ordinances, and regulations.

12. Enforcement of These Terms

We may use any means we feel necessary to enact all terms of service in this agreement. This includes EpicVIN’s need to comply with all related legal processes. Your use of EpicVIN’s services means you submit to us the right to disclose any volunteered information to law enforcement authorities, municipal entities, or others reasonably necessary for compliance purposes without liability to you.

13. No Responsibility for Third-Party Materials or Websites

Third-party content that appears on epicvin.com and third-party websites that we link to are not the responsibility of EpicVIN. We do not make any representations regarding the accuracy, timeliness, or completeness of any report. Additionally, we will not have any liability or responsibility for third-party collected data or the accuracy, timeliness, or completeness of any report. This includes information that is related to the condition, safety, marketability, merchantability, quality, ownership history, and accident history of any passenger motor vehicle or data contained in or omitted from a passenger motor vehicle ownership or registration document that any state in the United States issues, including the District of Columbia, or any Canadian province. We are in no way responsible for your use of any third-party materials or any purchase decision you make in reliance on the same.

14. Disclaimer of Warranties; Liability Limitations

a. You acknowledge that we may discontinue our services occasionally and that we may cancel the services at any time without notifying you.

b. In no way do we provide warranties of any kind, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Services are provided “as is” and “as available.” Your jurisdiction may not allow the exclusion of implied warranties. There are also no warranties provided for any vehicle for which information is listed on epicvin.com or that we may transmit to you. This includes any information that may be contained in a vehicle history report, auto auction records report, or from either our VIN decode service or vehicle recalls check service. We do not endorse, certify, authorize, authenticate, or otherwise make any representation regarding the accuracy, timeliness, or completeness of any vehicle, vehicle ownership document, or vehicle registration document that you may be provided via any of our services or that a third-party supplier may send you. Other collected information may not accurately reflect vehicle history, including whether a vehicle was junked, salvaged, dismantled, rebuilt, reconstructed, damaged or tampered with in any way. EpicVIN is not liable for any damages resulting from the use of, or non-use of, this information. You assume the risk in relying on any epicvin.com report when making a vehicle purchasing decision.

c. EpicVIN and any of its affiliates may not be held liable for indirect, special, consequential, or punitive damages of any kind, including loss of use, data, or profits, whether in an action in contract, tort, or that arises out of or in any way connected with:

• An inability to utilize epicvin.com, its content, or any services it provides;
• Inaccurate content due to errors or omissions available through epicvin.com, its software, products, or services;
• Costs associated with the procurement of alternative goods and services purchased or obtained via website transactions;
• Alteration of your transmissions or data and unauthorized access;
• Third party conduct or statements that appear on our site;
• Performance failures or delays that are the result of an act of force majeure;
• All other epicvin.com related matters, including those that EpicVIN and its representatives have been advised of.

Discontinued use of epicvin.com is your sole means of remedying any dissatisfaction with the site and/or site-related services, including any dissatisfaction with a report. Laws that are applicable to you may not allow the limitation of liability, implied warranties, or the exclusion or limitation of certain damages set forth previously. Therefore, this limitation of liability may not be applicable. Our aggregate liability in instances where liabilities would have otherwise been limited shall not be more than $100.

d. As we do not have any control over how you may use information you obtain from our site or the validity of that information, we do not accept any responsibility for any injury or damage that you may cause or be the victim of, including but not limited to those injuries or damages that may arise from or relate to your reliance on an epicvin.com report in making a vehicle purchasing decision.

15. Indemnification

Your use of our services is affirmation that you will indemnify, defend, and hold harmless EpicVIN and its affiliates with respect to any claim that may arise out of or relate to your breach of this agreement, your use of our services and any report, or any action that EpicVIN may take due to investigations of potential or actual agreement violations.

16. Notices

Notices regarding our services are effective immediately and may be sent to you via the email address you have entered in your account contact information. Alternatively, we may send you a letter via postal mail to the address that you have entered in your account contact information.

17. Governing Law and Venue

The internal law of the State of Florida shall govern any questions that concern the validity, construction, and interpretation of these Terms of Service. Suits, actions, or proceedings related to these Terms of Service shall be brought in the court in Miami-Dade County, State of Florida. Parties irrevocably waive, to the fullest extent that the law allows, any objection it may have presently or in the future to the agreed upon venue in any such suit, action, or proceeding. The final judgment resulting from any such suit, action, or proceeding that is brought in any such court shall be binding and enforceable in any court that the party is subject to jurisdiction by a suit upon such judgment.

18. Miscellaneous

Should any portion of these Terms of Service be found invalid or unenforceable, it will not negate the remaining portions, which will still be in full force and effect. These Terms of Service serve as our agreement with you and dictate your use of our services, excluding any previous agreements between you and us. Our failure to enforce a provision or right contained within the Terms of Service does not negate that provision or right, or any other aspect of these Terms of Service. Bear in mind that you may subject yourself to the terms and conditions of others when you access affiliate services, third-party content, or third-party software. We will not be responsible for an inability to fulfill any obligations because of conditions that are not within our control.

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.”

A vehicle history report is NOT a substitute for an independent vehicle inspection. Before making a decision to purchase a vehicle, consumers area 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 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.