Accident Report Retrieval Service

AuthorizeTransaction.com website Terms and Conditions of Use

Please read these Terms of Use for Report Access ("Terms of Use") carefully before using this Website (the "Site"). This Site is the property of AuthorizeTransaction LLC. Throughout this document, AuthorizeTransaction also may be referred to as "we" "us" or "AuthorizeTransaction", and the party accessing the Site may be referred to as “you” “Company” or “user”. Use and operation of this Site is governed by these Terms of Use, and is further subject to our Privacy Policy. These Terms of Use apply to any and all delivery methods used in connection with services through this Site, including but not limited to online, batch, XML, assisted searching, machine-to-machine searches, and any other means that may be available.

BY ACCESSING OR MAKING PURCHASES ON THE SITE OR USING ANY PART OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND AUTHORIZETRANSACTION LLC.

If you do not agree with any part of these Terms of Use, you must exit this Site. Note that these Terms of Use may be amended or modified by us from time to time, and at any time, without advance notice.

Permitted Use

The content, graphics, information, data, code and software used on or incorporated into this Site (collectively "Content") is made available only for your use in connection with obtaining a copy of a crash report concerning a specific accident. You are only permitted to obtain a copy of the crash report using this Site if you are an “Authorized Party” under one or more of the following conditions: (i) you (or your company) have been authorized as legal representative of one of the parties directly involved in the accident; (ii) you are an authorized user or representative of the insurance carrier for one of the parties directly involved in the accident; or (iii) you are otherwise permitted to access the crash report under the laws of the jurisdiction of the crash report. Use of this Site by anyone who is not an Authorized Party as defined herein, is strictly prohibited. Use of this site for any other purpose, including commercial solicitation purposes, is strictly prohibited. You are restricted from selling or otherwise providing, directly or indirectly, such Crash Report or any information contained in such Crash Report: (i) to any commercial entity that sells, resells, or otherwise provides, these reports (ii) to more than one entity or person. In addition, applicable laws and regulations may impose restrictions on what parties can purchase a Report and additional restrictions on how a Report may be used.

You agree that you will not create a direct link from another web site to the Site. Except with respect to crash reports obtained as permitted hereunder from this Site, which are for your use as permitted hereunder herein only, you agree that you will not harvest, post, transmit, copy, modify, create derivative works from, or distribute anything you obtain or download from the Site. You agree to comply with all applicable state, federal and international laws, statutes, ordinances and regulations regarding your use of our services and this Site. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of this Site or its end-users. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited and may result in penalties or criminal charges. You agree that you will not use any "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials or information through any means not purposefully made available through the Site. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site, or with any other person's use of this Site. You agree that you will not attempt to gain unauthorized access to any portions of this Site, other accounts, computer systems or networks connected to any of our servers, through hacking, password mining or any other means. You agree that you will not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Content

All Content is the property of, or licensed by, AuthorizeTransaction and/or its parent companies, subsidiaries and affiliates. Similarly, the AuthorizeTransaction logo and all AuthorizeTransaction trademarks, service marks and copyrights (collectively the "Marks"), are the property of AuthorizeTransaction and/or its parent companies, subsidiaries and affiliates and are protected by copyright and trademark laws. Except in connection with your authorized use of this Site, you are not granted any right or license under any Mark nor are you granted any other intellectual property right in or to the Content. All such rights are retained by AuthorizeTransaction and/or its parent companies, subsidiaries and affiliates.

Prices and Availability

The prices and availability of the Reports available for purchase on the Site are subject to change without notice. You are solely responsible for any sales, local or similar taxes imposed on any Reports ordered by you. All prices are stated in United States dollars. This site charges a non-refundable fee to use this online service to make the payment. Completion of the transaction is contingent upon both the authorization of payment by your card company and acceptance of your payment by the governmental authority or other entity you are paying. In the event that your payment is unable to be processed, AuthorizeTransaction.com will attempt to notify you at least once using the contact information you have provided. In the event your payment is not processed or authorized by your card company or the applicable entity you are seeking to pay fails to accept your payment or, if applicable, your payment liability shall remain outstanding and unpaid and you will be subject to all applicable penalties, late fees and interest charges assessed by the relevant entity thereon, all of which obligations remain your sole responsibility. By completing a transaction on this site you hereby confirm your acceptance of the non-refundable fee charged by AuthorizeTransaction.com and agree to pay the “Report Cost” amount indicated, subject to and in accordance with the agreement governing the use of your credit or debit card.

Information You Provide

You are solely responsible for any information that you provide to us in using the Site ("User Data"). You hereby grant to AuthorizeTransaction the right to use and store the User Data in a manner consistent with the intended use of this Site. AuthorizeTransaction will use the User Data in accordance with our Privacy Policy, which you may view at http://www.authorizetransaction.com/iyeTek/privacy.aspx. We may disclose User Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety, Site users, or the public.

Redactions

You acknowledge that certain information in a Report may be redacted in accordance with applicable law or regulation.

Third Party Sites

At times, the Site may have links to Web sites hosted by other parties ("Third-Party Sites"), or such Third-Party Sites may have links to the Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by AuthorizeTransaction of the Third-Party Sites. Third-Party Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own Web sites. AuthorizeTransaction does not verify or make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Third-Party Sites. You should read the privacy policies and terms of use agreements of all Third-Party Sites.

Password Registration

Certain features or services offered on or through this Site may require you to create an account or for AuthorizeTransaction to issue a user name, password or passcode to you. Only you are authorized to utilize the user name and password provided to you hereunder, and you may not share the user name or password with anyone else, including but not limited to, anyone else in your organization or company. You are solely responsible for maintaining the confidentiality of your account information, including your user identification, password and any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security by calling AuthorizeTransaction Customer Service at 1.888.949.3835 ext.3. AuthorizeTransaction will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password.

Access Restrictions / Termination

Subject solely to AuthorizeTransaction’ discretion, AuthorizeTransaction reserves the right to restrict or terminate your access to this Site and its services at any time, with or without cause and without notice to you.

Disclaimer / Liability Limitation

For purposes of this Section only (“Disclaimer / Liability Limitation”), “AuthorizeTransaction” includes AuthorizeTransaction, its parent companies, its subsidiaries, and its affiliates. You agree that, from time to time, this Site may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunctions, periodic maintenance procedures or repairs which we or our agent may undertake, or causes beyond the reasonable control of AuthorizeTransaction or which are not reasonably foreseeable by AuthorizeTransaction. In each case, you agree not to hold AuthorizeTransaction responsible for any damages proximately caused by such delay or lack of access. In addition, AuthorizeTransaction is not responsible for any loss of User Data resulting from deletion or corruption or otherwise. While AuthorizeTransaction uses reasonable efforts to include accurate and up-to-date information on the Site, AuthorizeTransaction makes no warranties or representations as to accuracy of the Content. AuthorizeTransaction assumes no liability or responsibility for any errors or omissions in the Content of the Site. Changes may be periodically made to the information at any time without notice. THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. AUTHORIZETRANSACTION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, AUTHORIZETRANSACTION DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE INFORMATION PROVIDED TO YOU THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE PROVIDED WITHOUT ANY VIRUS OR OTHER HARMFUL COMPONENTS OR CONDITIONS, OR WILL BE ACCURATE AS OF ANY PARTICULAR DATE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY SET OUT HEREIN, SUCH EXCLUSION DOES NOT APPLY TO YOU; HOWEVER, THE REMAINING TERMS AND CONDITIONS APPLY TO YOU. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AUTHORIZETRANSACTION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. AUTHORIZETRANSACTION DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES AUTHORIZETRANSACTION MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. IN NO EVENT WILL AUTHORIZETRANSACTION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, OR YOUR RELIANCE UPON OR USE OF ANY INFORMATION CONTAINED IN OR ACCESSED FROM THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER IS FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.

Indemnification

You agree to defend, indemnify, and hold harmless AuthorizeTransaction LLC and its directors, officers, employees, agents, third party providers and licensors from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your: (i) access to or use of the Site, the Reports or the Content, and (ii) violation of these Terms of Use.

Notice for Michigan Law Firms Users

You understand and acknowledge your responsibilities under Michigan Rule of Professional Conduct 7.3 to utilize any information you may obtain from a Report in strict compliance with the Michigan Rules of Professional Conduct. You understand that Rule 7.3(a) requires in relevant part that: "A lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship when a significant motive for the lawyer doing so is the lawyer’s pecuniary gain.” You further understand that the term “solicit” includes contact in person, by telephone or telegraph, by letter or other writing, or by other communication directed toward a specific recipient, but does not include letters addressed or advertising circulars distributed generally to persons not known to need legal services of a kind provided by the lawyer in a particular matter, but who are so situated that they might in general find such services useful, nor does the term “solicit” include “sending truthful and non-deceptive letters to potential clients known to face particular legal problems” as illustrated in Shapero v. Kentucky Bar Assn., 486 US 466-468 (1988). You acknowledge Michigan Rule of Professional Conduct 7.3(b) which requires that “a lawyer shall not solicit professional employment from a prospective client by written or recorded communication or by in person or telephone contact even when not otherwise prohibited by (a) if: (a) The prospective client has made known to the lawyer not to be solicited by the lawyer, or (b) The solicitation involves coercion, duress or harassment.” You will not permit any individual, firm, person or corporation to utilize any information you may obtain from a Report in any manner which would be inconsistent with Michigan Rule of Professional Conduct 7.3. You further understand that should AuthorizeTransaction LLC receive any information suggesting a violation of these rules, they will forward whatever information they may have directly to the Attorney Grievance Commission of the State Bar of Michigan for further investigation and action. You acknowledge that any violation of the Michigan Rules of Professional Conduct may result in certain sanctions including admonishment, suspension or revocation of license or disbarment.

Other Agreements

These Terms of Use may be supplemented or amended by the terms of other "click-through" agreements between you and AuthorizeTransaction found on our Site (the "Other Agreements"). In such cases, you may be asked to expressly consent to the terms of such Other Agreements, for example, by checking a box or clicking a button marked, "I agree." To the extent that the terms relating to the subject matter of these Terms of Use are different from the terms of those Other Agreements, these Terms of Use shall control for purposes of your use of this Site.

Miscellaneous

These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Michigan, United States, without regard for its choice of law rules. Any dispute arising out of or related to your access to or use of this Site will be brought only in the United States District Court in Kent County, Michigan, or, if federal subject matter jurisdiction is lacking, then in any Michigan state court. By accessing or using this Site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys’ fees, expenses and costs incurred in connection with the litigation. If any of these Terms of Use are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms of use will remain in full force and effect, and the invalid or unenforceable term or condition of use will be deemed superseded by a valid, enforceable term or condition of use that matches the practical effect of the original provision as closely as possible.

Questions and Suggestions

If you have any questions or suggestions regarding our Terms of Use, please contact us at:

AuthorizeTransaction
950 Trade Centre Way, Ste. 115
Kalamazoo, Michigan 49002
www.AuthorizeTransaction.com

Disclaimer

The security of all information associated with our users is an important concern to us. We exercise care in providing secure transmission of your information from your computer to our systems and servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any personal information you transmit to us or from our online products and services, and you use our online products and services at your own risk. Once we receive your transmission, we, including our affiliates, use industry standard efforts to safeguard the confidentiality of your personal information, such as firewalls and secure socket layers “SSL”. However, "perfect security" does not exist on the Internet. The crash reports provided to users accessing the Site may not be used for any purpose governed under the Fair Credit Reporting Act (15 U.S.C., 1681, et seq.) (the “FCRA”).



Copyright © 2012 AuthorizeTransaction. All rights reserved.
  © 2014
All Rights Reserved. Privacy Policy | Terms
   
Home         Contact Us