Terms and Conditions
TERMS AND CONDITIONS for your purchase of our services from and/or through our website. Please read this as we spent a lot of money paying our lawyers to write it.
- 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 you ("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 goods and/or services through InspectMyRide’s website. This Agreement trumps any prior written or oral agreements between you and us. This Agreement can’t be changed, unless the party who has to do the new thing signs a written agreement agreeing to the change. In the event of a conflict between these Terms and Conditions and the InspectMyRide Inspection Order Form, then these Terms and Conditions win.
- SURVIVAL. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, we’ll cut it out and the good part will remain and continue to be valid and enforceable.
- 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 (direct or indirect) of five percent or more of the voting stock. InspectMyRide® is a division of DataScan Field Services. The term “you” as used in the Agreement means the customer that paid for the services offered by InspectMyRide.
- ELIGIBLE VEHICLES FOR INSPECTION. InspectMyRide will only inspect vehicles whose model year is from 1981 to the present. We will not inspect vehicles that are classified as classic and/or antiques (more than twenty-five year old). InspectMyRide reserves the right to decline any inspection order in its sole discretion; in which event the prepaid fee for the inspection will be refunded in full to you.
- 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 contractors, or other agents. 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, physical cosmetic attributes, options and general condition. This is not a safety inspection although we may also test drive the vehicle. 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. You should understand that InspectMyRide does not perform the same 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 inspection 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 actual 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 well-lit 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.
Our inspection process also includes providing you information we feel is critical for you to know from Autocheck® vehicle history reports. 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. With your purchase of the inspection process from InspectMyRide®, you will receive the Autocheck® information directly from us or from another company we have contracted with, at no additional cost to the inspection fee you have purchased from us.
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 we inspect or authenticate its origin. We also do not provide advice as to whether you should proceed with your planned purchase or run as far away from the deal as possible. InspectMyRide will provide you with information for you to make a well informed decision that is best for you.
- WHAT IF YOU CHANGE YOUR MIND? Within 24-72 hours after you place your order for a vehicle inspection on InspectMyRide.com you will receive an e-mail confirmation from either InspectMyRide or DataScan confirming that an appointment has been made with the Seller to inspect the vehicle or that we were unable to set up the inspection for one reason or another. Up until the time you receive that confirmation e-mail, if you change your mind about your purchase you may notify us (See the “How to Reach Us” section below) and we will credit you a full refund of what you paid us. After you receive the confirmation e-mail, if an inspection with the Seller has been set up, there are NO REFUNDS. If you are the Seller of the vehicle who purchased a vehicle inspection you may cancel anytime up to 24 hours prior to your scheduled inspection by properly notifying us.
- HERE COME THE DISCLAIMERS; READ CAREFULLY. ANY GOODS OR 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 MERCHANTABILITY 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 GOODS AND/OR 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.
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 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.
- NOBODY'S PERFECT. If you purchase an Inspection from InspectMyRide® you agree that that the aggregate liability of DataScan and its stockholders, members, partners, directors, managers, officers, employees, agents and Affiliates (each, a "DataScan Indemnified Party" and collectively, the "DataScan Indemnified 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 inspection of any vehicle purchased from InspectMyRide®, and/or out of other goods and/or 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 and its Terms and Conditions. In no event shall any of the DataScan Indemnified 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 Indemnified 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 Indemnified 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. Prior to taking any action against InspectMyRide or DataScan or any of its affiliates as a result of your purchase of the 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.
- 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 goods or 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 you are subject to jurisdiction by a suit upon such judgment.
- 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.
- WHO OWNS THE INSPECTION REPORT? The InspectMyRide report, including all data and images are the joint property of DataScan and you. However, only DataScan may disseminate the report to other parties, including but not limited to, the Seller of the subject vehicle and other potential purchasers of that vehicle, provided they pay InspectMyRide for our inspection services.
- 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 all other laws protecting such property. The site belongs to DataScan Field Services 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.
- NO ENDORSEMENTS. Please don’t assume that just because we provide a link from www.InspectMyRide.com to another website that we are endorsing that company’s product or services unless we expressly say so. InspectMyRide® is not responsible for the products or services, functionality, or use of any website other than our own. Please be responsible and take reasonable measures to ensure that whatever online services you select for use are free of viruses, provide secured internet access, and have a privacy policy which you should read.
- 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.
- TAXES – WE ALL HAVE TO DEAL WITH THEM. The price you pay to InspectMyRide® for its 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®.
- 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
help@inspectmyride.com or the address set forth in the "Help Desks" section of www.InspectMyRide.com
- 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.
- PRIVACY. We care about the privacy of all our customers. By purchasing a vehicle inspection through InspectMyRide you will be providing certain personal information to us such as your name, address, phone number, and e-mail address. Additionally, you will be entering personal information using other third party vendor websites such as eBay or PayPal®. If you are on InspectMyRide.com, we will only share your information with our affiliates to carry out the intent of the service you purchased from us or to present you special offers and/or incentives from our affiliates. We will never share your information with an unaffiliated third party, unless we are required to do so by law. If you are providing information to a third party vendor website as described above, you should review their privacy policy for how they handle and secure the data they are collecting directly from you. For more details, see our privacy policy.
- 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 will be deemed to mean you approve of and accept those changes.
Terms and Conditions last updated: July 28, 2010