Terms and Conditions of Use
WHEREAS, you are a
recycler, dismantler, shredder or similar entity engaged in business activities
that require the collection and reporting on the disposition of automobiles to
the National Motor Vehicle Title Information
System (NMVTIS).
WHEREAS, ISO is engaged in business activities, including authorization as an official Data Consolidator for the reporting of automobile dispositions to NMVTIS under the Anti- Car Theft Act of 1992; and
WHEREAS, you wish to report automobile disposition data through ISO’s ClaimSearch database to NMVTIS pursuant to the Anti-Car Theft Act of 1992 (the “Act”).
NOW THEREFORE, for good and valuable consideration, you and ISO agree as follows:
1. ISO / NSVRP NMVTIS REPORTING
SERVICE
The Anti-Car Theft Act of 1992 (the “Act”) was enacted to deter trafficking in stolen vehicles by strengthening law enforcement against auto theft, combating automobile title fraud, preventing "chop shop" related thefts, and inspecting exports for stolen vehicles.
Title II of the Act requires the U.S. Department of Justice (“DOJ”) to implement a National Motor Vehicle Title Information System (“NMVTIS”).
ISO is authorized to report automobile disposition data to NMVTIS in accordance with the Act and regulations promulgated thereunder (“Regulations”).
Pursuant to the Act and Regulations, automobile recyclers, dismantlers, shredders or similar entities are required to provide certain information in a format approved to NMVTIS.
Using the NSVRP record submission formats and reporting standards, and methods prescribed by ISO, you agree to provide ISO with salvage data applicable to the Act. You shall provide ISO with complete and accurate salvage data on a timely basis when the vehicle enters your inventory and, if necessary, again when the vehicle is sold or disposed pursuant to the Act.
ISO will forward all automobile disposition reports; preliminary and final on automobiles with valid vehicle identification numbers (VIN’s) submitted by you to NMVTIS through AAMVA on at least a monthly basis.
2. COMPLIANCE AND
CONFIDENTIALITY
You and ISO agree to comply with all provisions of the Act as each is amended from time to time and all federal or state laws, regulations, and rulings as applicable.
ISO and you acknowledge that much, if not all, of the
material and information, which has or will come into their possession from the
other party pursuant to this Agreement consists of confidential and proprietary
information, nonpublic personal information or software of the disclosing party
and its affiliates, agents, companies or third parties (“Confidential
Information”). The party receiving
such Confidential Information agrees to hold it in strictest confidence and
agrees not to release or disclose such Confidential Information to any
individual or entity, whether employee, subcontractor, or subcontractor
employee, unless such individuals or entities are necessarily involved in the
provision of the products and/or services hereunder. The foregoing obligations shall not
apply to any information which: a) is or becomes known publicly through no fault
of the receiving party; or b) is acquired or learned by the receiving party from
a third party entitled to disclose it; or c) is already known to the receiving
party before receipt from the disclosing party as shown by the receiving party's
written records; or d) is independently developed by the receiving party, as
shown by the receiving party's written records; or e) must be disclosed by
operation of law. The foregoing
obligations of each party shall survive the termination or expiration of this
agreement.
3. USE OF DATA
You grant to ISO a
non-exclusive license to use the data provided by you to report same to NMVTIS
pursuant to the Act. In addition, automobile information furnished by you
to ISO for submission to NMVTIS in compliance with the Act will also be entered
into the ISO ClaimSearch database solely for
non-commercial, law enforcement,
insurance investigative and anti-fraud purposes and will be available to law
enforcement officials, National Insurance Crime Bureau (NICB) staff and
insurance company claims personnel only for those uses and will not be resold by
either NICB or ISO without your explicit written
agreement.
4. FEES
Fees for this service are as follows, and will be charged for each individual NMVTIS reporting ID as may be required under the NMVTIS program:
a. $100 first year annual registration fee
b. $100 renewal annual registration fee
ISO will only process data for you for data submitted under NMVTIS reporting IDs that are registered under this Agreement, and only to the extent that the annual registration fee for that NMVTIS reporting ID has been paid. ISO reserves the right to modify the renewal annual registration fee for this service; however, in the event of any modification, the renewal annual registration fee shall not exceed $100 per year.
5. LIMITATIONS OF LIABILITY AND
INDEMNIFICATION
ISO MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES HEREUNDER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IN RESPECT OF ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ISO’S SERVICES ARE PROVIDED AS IS AND ISO DOES NOT WARRANT THE COMPLETENESS, ACCURACY OR CURRENCY OF THE INFORMATION REPORTED TO NMVTIS.
Except as provided herein, neither ISO, NICB, NSVRP, their directors, officers, employees, agents, or participants shall be liable to you, nor to anyone else, for any loss or damage of any kind and however caused, including without limitation, any special, incidental, indirect, consequential or exemplary damages, losses or expenses, including, without limitation, lost profits, failure to realize expected savings or any other commercial or economic loss of any kind resulting from this Agreement. You agree to indemnify and hold ISO harmless from and against any loss, damage, claim, suit or expense, including reasonable attorney’s fees, arising out of your breach of any obligations and warranty under Section 1 above. ISO does not warrant that access will be available during all scheduled hours of operation. ISO represents it will use best efforts to correct any ISO system malfunction causing any unavailability in a timely manner. Oral statements do not constitute warranties, shall not be relied upon by you, and are not part of this Agreement.
6. TERMINATION
You may terminate this Agreement upon thirty (30) days’ advance written notice to ISO. If this Agreement is terminated by you, no refund of any annual fee will be made.
In the event a party materially violates any term or condition of this Agreement, or any amendments or addenda thereto, the other party may immediately terminate this Agreement with written notice of such to the other party.
ISO may terminate this Agreement upon 90 days advance written notice; however, except for material breach of this Agreement by you, in no event shall ISO terminate your participation in the program for any 12 month period after you have paid your most recent annual registration period for the program.
Any data that you have provided prior to termination will remain a part of the ISO ClaimSearch database, and will remain subject to the use provisions described in Section 3. above.
7. GENERAL
You may not assign or
transfer this Agreement to any other person or entity. This Agreement may not be amended,
modified or waived in whole or part unless in writing and signed by the parties
hereto. This Agreement shall be governed by and
construed under the laws of the State of