Terms and Conditions
The following terms and conditions will govern our performance of vehicle inspection service purchased through our website and the use of the inspection report we deliver to you. Please read them carefully.
1. THE WHOLE AGREEMENT NOTHING BUT THE WHOLE AGREEMENT. These Terms and Conditions and the InspectMyRide Inspection Order Form (collectively, this "Agreement") contain the entire agreement between the person paying for the inspection services ("you" or “your” or “Customer") and InspectMyRide® LLC, a division of DataScan Field Services, Inc. (you can call us “InspectMyRide” or “DataScan”) and any Affiliate (we’ll define Affiliate for you later on) with respect to your purchase of any services through InspectMyRide’s website. This Agreement trumps any prior written or oral agreements between you and us. This Agreement cannot be changed, unless the party who has new or different obligations signs a written agreement agreeing to the change. In the event of a conflict between these Terms and Conditions and the Inspect MyRide Inspection Order Form, then these Terms and Conditions will apply.
SURVIVAL. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, you agree that it will be ignored and the good parts will remain and continue to be valid and enforceable.
3. DICTIONARY. For purposes of our Agreement, the term “Affiliate” means any company which is effectively controlled by another company including but not limited to a branch office, division, subsidiary, joint venture partner, another company that has the same parent company as us, or a company in which there is ownership (director indirect) of five percent or more of the voting stock. InspectMyRide® is a division of DataScan Field Services.
4. ELIGIBLE VEHICLES FOR INSPECTION. InspectMyRide will perform its standard inspection only on vehicles whose model year is no more than twenty six years prior to the current model year. Vehicles that do not qualify for the standard inspection as well vehicles that do may be eligible for our asset verification service. In all instances, InspectMyRide reserves the right to decline any inspection order in its sole discretion; in which event, any prepaid fee for the inspection will be refunded in full to you.
5. WHAT YOU ARE PURCHASING. The inspection process you are purchasing from InspectMyRide® is a package comprised of different components. The inspection process typically includes the subject vehicle being inspected by a DataScan employee or independent contractor, or other agent. Once the inspection is completed, you will receive a hyperlink sent to the e-mail address you provide us, that will make available to you a report of the vehicle’s identifying information, and depending on the inspection you purchase, physical cosmetic attributes, options, general condition, and a package of photographs. Depending on the inspection you purchase, InspectMyRide will test drive the vehicle if the adult seller allows us to, the seller agrees to accompany our inspector for the test drive, the seller shows us proof of motor vehicle insurance, and if driving conditions permit. This is not a safety inspection and you understand that InspectMyRide does not perform the diagnostic tests that would be performed by an automotive mechanic. You will receive an inspection report that will reflect an evaluation of the numbered items listed on the InspectMyRide® report at the time the vehicle is inspected. InspectMyRide inspections and condition reports may be affected by weather and light conditions, as well as the cleanliness of the vehicle both inside and out at the time of the inspection. Many external factors, beyond our control, can reduce the accuracy of the inspection, making things such as repainting and body work difficult to detect with the naked eye. For the most accurate inspection report, the vehicle must be clean, dry and situated in well-lit location at the time of inspection. Although our inspectors look at the vehicle in an unbiased, objective manner, many of the conclusions are subjective in nature based on the inspector’s input of information he/she observed and enters into our system. Because the report reflects the condition of the vehicle at the time of inspection, InspectMyRide does not guarantee the accuracy of the report or its availability on the website beyond 30 days from the date it is posted.
6. If the inspection you purchase provides for it, you will receive Autocheck® information directly from us or from another company we have contracted with, at no additional cost. The Autocheck® database pulls vehicle information from all 50 states and has their information built and managed by Experian, a leading expert on credit and automotive data services.
7. PLEASE KEEP IN MIND THAT YOU ARE PURCHASING AN INSPECTION FROM AN INDEPENDENT THIRD PARTY. INSPECTMYRIDE does not advise on the value of any vehicle, authenticate its origin, or verify its ownership. We also do not provide advice as to whether your sale or purchase is the right transaction for you. InspectMyRide will provide you with information for you to make a well informed decision.
8. WHAT IF YOU CHANGEYOUR MIND? If you change your mind about your inspection purchase and notify us (See the “Howto Reach Us” section below) within twenty-four (24) hours after receiving your order confirmation, we will credit you with a full refund of the amount you have paid us. If you change your mind about your inspection purchase and notify us later than twenty four (24) hours after your order confirmation, but before your inspection is performed, we will credit you with a refund equal to the amount you paid us less a cancellation fee of $25.00. If you attempt to notify us after the inspection has been performed, there will be NO REFUNDS.
9. HERE COME THE DISCLAIMERS; READ CAREFULLY. ANY SERVICES PROVIDED TO YOU BY INSPECTMYRIDE® ARE PROVIDED "AS IS" BY US, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (a) OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE;(b) OF INFORMATIONAL CONTENT OR ACCURACY; OR (c) OF TITLE. BOTTOM LINE IS THAT WE CAN ONLY CONTROL WHAT IS IN OUR DIRECT CONTROL, WE DIDN’T BUILD THE VEHICLE, WE DON’T KNOW HOW YOU WILL BE USING IT, SOMETIMES OUR INSPECTORS MAY MAKE A MISTAKE, AND WE DON’T VERIFY THAT THE PERSON CLAIMING TO BE THE OWNER ACTUALLY HAS THE RIGHT TO SELL THE VEHICLE.
INSPECTMYRIDE® CAN ONLY BE HELD ACCOUNTABLE FOR WHAT WE DIRECTLY PROVIDE TO YOU. DATASCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO ANY SERVICES PROVIDED TO YOU BY OR THROUGH OTHER PERSONS VIA THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY eBAY OR SUCH OTHER LISTING SERVICE, PAYPAL®, OR EXPERIAN AUTOMOTIVE ("AUTOCHECK®") OR ANY OTHER PROVIDER OF ADDITIONAL GOODS OR SERVICES.
10. CHANGES IN THE VEHICLE WE INSPECTED CAN OCCUR OR MANIFEST BETWEEN THE TIME OF OUR INSPECTION AND THE SALE OF THE VEHICLE, INCLUDING, WITHOUT LIMITATION, PHYSICAL AND MECHANICAL DAMAGE, WEAR AND TEAR, OWNER MODIFICATIONS AND/OR SUBSTANDARD REPAIRS. THESE CHANGES MAY NEGATIVELY IMPACT THE VALUE OF THE VEHICLE. INSPECTMYRIDE® IS NOT RESPONSIBLE FOR ANY OF THESE CHANGES. THE LIKELIHOOD OF ANY CHANGE OCCURRING INCREASES THE LONGER THE TIME BETWEEN THE INSPECTION AND THE PURCHASE. AS A RESULT, INSPECTMYRIDE WILL NOT GUARANTEE THE ACCURACY OR AVAILABILITY OF A SPECIFIC REPORT ON THE WEBSITE BEYOND 30 DAYS FROM THE DATE IT IS POSTED.
INSPECTMYRIDE INSPECTORS DO NOT CLEAN OR DISASSEMBLE ANY VEHICLE PRIOR TO OR DURING INSPECTION. INSPECTMYRIDE INSPECTORS ALSO DO NOT REVIEW THE SUBJECT VEHICLE’S OWNER MANUALS OR MAINTENANCE RECORDS. HOWEVER, WE MAY VIEW THE VEHICLE’S REGISTRATION TO IDENTIFY THE OWNER OF THE VEHICLE AND VERIFY THE VEHICLE IDENTIFICATION NUMBER. WE DO NOT VERIFY THE REGISTRATION, CHECK FOR LIENS AGAINST THE VEHICLE, OR MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE TITLE OF THE VEHICLE. THE INSPECTMYRIDE INSPECTION REPORT IS NOT A SUBSTITUTE FOR ANY SAFETY OR EMISSIONS INSPECTION REQUIRED BY LAW.
12. NOBODY'S PERFECT. If you purchase a vehicle inspection from InspectMyRide® you agree that the aggregate liability of DataScan and its stockholders, members, partners, directors, managers, officers, employees, agents and Affiliates (each, a "DataScan Party" and collectively, the "DataScan Parties") to you or any of your family members or passengers in the subject vehicle for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to any vehicle inspection purchased from InspectMyRide®, and/or out of other services provided by DataScan or any Affiliate shall be limited to (please note that it may not be more than, but can be less than) the fees paid by you to InspectMyRide® pursuant to this Agreement. In no event shall any of the DataScan Parties be liable to you or any family member for consequential, exemplary, special, direct, indirect, incidental or punitive damages, including, without limitation, lost profits or opportunity costs even if any or all of the DataScan Parties were notified of the possibility or likelihood of such damages occurring. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence). In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental or other damages, the liability of each DataScan Party is limited to the greatest extent permitted by law. Just to be clear, if we messed up something the most you could get back or hold us liable for is what you paid us.
GIVE US A CHANCE TO MAKE IT RIGHT. You also agree that as the person contracting with InspectMyRide you are the only party entitled to bring suit or any other formal legal action against us relating to the inspection report or our services. Prior to taking any formal legal action against InspectMyRide or DataScan or any of its Affiliates as a result of your purchase of a vehicle inspection from us, you agree to provide us with written notice of our alleged breach of the Agreement and you agree to give us at least 30 calendar days to try to reasonably satisfy you. Our goal is to have 100% satisfied customers.
14. WHAT HAPPENS IF WE HAVE A DISAGREEMENT? All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement are governed by the laws of the State of Florida. In the unlikely event that we have a disagreement over the services purchased from our website, any claim will have to be brought in the United States District Court for the Southern District of Florida, located in Broward County, Florida or, if federal jurisdiction is not available, in the appropriate court of the State of Florida that is located in Broward County, Florida. The parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, you voluntarily and knowingly waive, to the fullest extent permitted by law, any objection that you have now or may have later to the venue of a lawsuit, action or proceeding brought in any such court and that you feel that the court we just agreed to is an inconvenient location. Final judgment or order by such court shall be conclusive and binding upon you and may be enforced in any court in which youare subject to jurisdiction by a suit upon such judgment.
15. WAIVER OF TRIAL BY JURY. YOU AND DATASCAN FIELD SERVICES, LLC EACH AGREES TO WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY ACTION OR PROCEEDING, WHETHER IN TORT,CONTRACT OR OTHERWISE, IN WHICH EITHER OF US, OR ANY OF OUR SUCCESSORS OR ASSIGNEES, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING, DIRECT OR INDIRECTLY, TO THIS AGREEMENT AND THE BUSINESS RELATIONSHIP BETWEEN US.
16. WHO OWNS THE INSPECTION REPORT? The InspectMyRide report, including all data and images are the joint property of DataScan and you. DataScan will not be liable to anyone with whom you share the report unless that person separately pays InspectMyRide for the inspection report prior to receipt of the report.
17. INTELLECTUAL PROPERTY. The website www.InspectMyRide.com, including all its content, trademarks, and graphic images,unless expressly stated otherwise, is protected by copyright, trademark and allother laws protecting such property. The site belongs to DataScan FieldServices LLC including all rights, title, and interest in it. Nothing in these Terms and Conditions transfers any rights to you or any third party. The information on www.InspectMyRide.com is intended to provide you with information about our inspection services and other vendors’ products that we may select from time to time; the site may not be used for any other commercial purposes.
19. UNPREDICTABLE (FORCE MAJEURE). In the event InspectMyRide® or any Affiliate shall be delayed or prevented from, the performance of its obligations because of telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, threat of or act of terrorism, act of God or any circumstance or cause beyond the control of InspectMyRide® in the reasonable conduct of its business, then InspectMyRide is excused from performing its obligations under this Agreement and our only obligation will be to refund in full the inspection fee paid to us by you.
20. TAXES – WE ALL HAVE TO DEAL WITH THEM. The listed price of the inspection services on our website does not include sales, use, excise or any other applicable ad valorem taxes. Such taxes, if any, will be added to your price when you pay through PayPal®.
21. HOW TO REACH US. All notices, requests, demands, compliments, or other communications given under this Agreement shall be in writing and shall be deemed duly given and received by InspectMyRide® (a) seven days after being sent by certified or registered mail return receipt requested, postage and charges pre-paid; (b) one business day after being sent by express overnight delivery by a national carrier; (c) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom it is directed; or (d) upon actual delivery if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of this Agreement). All communication to you shall be addressed at the address you put on the InspectMyRide® Inspection Order Form, and to InspectMyRide or DataScan shall be addressed to firstname.lastname@example.org or the address set forth in the Contact Us section of www.InspectMyRide.com.
22. NON-WAIVER. The failure of InspectMyRide to enforce any provision of this Agreement shall not be construed as a waiver or limitation of its right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
24. MISCELLANOUS STUFF. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require. DataScan reserves the right to change these Terms and Conditions from time to time, at is sole discretion and without further notice to you. Your continued use of www.InspectMyRide.com following any changes we make to the Terms and Conditions willbe deemed to mean you approve of and accept those changes.
Terms and Conditions last updated: January 10, 2013