RigDig Terms and Conditions

PART I – RIGDIG.COM TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

This website, www.RigDig.com, (collectively, with any sub-domain of such website, the “Site”) is owned and operated by Randall-Reilly Publishing Company, LLC and its affiliates (collectively, “RRPC”).  By using materials and content on this Site or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not use the Site or any information (including information relating to any motor vehicle), materials, content, products, services or reports included on or otherwise made available to you through the Site.

Note that special terms may apply to some products or services offered on the Site, like purchased reports, subscription-based services, rules for particular contests or sweepstakes or other features or activities.  These special terms shall be posted in connection with the applicable product or service. Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

By using materials, content, reports or any other information on the Site, you acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials, reports and information available at or through the Site.  RRPC may change these Terms of Use at any time by posting modified, updated or new applicable terms and conditions and revising the “Last Updated” date at the top of these Terms of Use.  Your continued use of the Site after any such posting indicates that you accept any such changes in these Terms of Use.  It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any modifications.

 

License and Site Access

RRPC grants you a limited license to access and make personal use of the Site or the materials or content contained therein (collectively, the “Content”) and not to download (other than page caching) or modify the Content, or any portion of it, except with express written consent of RRPC.  This license does not include any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any modification, publication, display or derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of screen scraping, database scraping, data mining, robots, spiders or similar data gathering and extraction tools.

All Content, including text, graphic images, videos, code, and software, are copyrighted materials of RRPC or its contractors, with all rights reserved, or by the original creator.  Trademarks, service marks, trade names and logos (“Trademarks”) used or displayed on the Site or the Content are registered or unregistered Trademarks of RRPC or its contractors.  RRPC and its contractors own the Site and the Content and retain all intellectual property rights utilized in the Site and the Content.  Neither the Site nor any Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RRPC.  You may not frame or utilize framing techniques to enclose any Trademark or other proprietary information (including images, text, page layout, or form) contained on the Site.  You may not utilize any of RRPC’s Trademarks as part of a link to the Site or any other website or in any meta tags or any other “hidden text”, without the express written consent of RRPC.  Any unauthorized use terminates the permission or license granted by RRPC.

The Site may be unavailable from time to time for routine or other maintenance, security, or other purposes in RRPC’s sole discretion.  As with all information you send over the Internet, information that you send to or receive from the Site is subject to interception, misappropriation, and misuse by third parties.

 

Public Forum, Submissions and Submission License

The functionality of the Site may include chat areas, message boards, instant messaging, mobile messaging, conversation pages, e-mail functions (send-a-friend emails) and similar opportunities (each a “Public Forum”) for you to submit, provide or to otherwise make available, text, comments, messages, e-mails, photographs, videos and other content (“Submissions”) for display on a Site.  You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. RRPC cannot guarantee the security of any information you disclose through any Public Forum and you make such disclosures at your own risk.  RRPC does not endorse any opinions, advice, recommendations or other materials posted in any Public Forum and you acknowledge that your use of any Submission posted in a Public Forum is solely at your own risk.

You agree that you will not make any submission (each a “Prohibited Submission”) that (i) is defamatory, abusive, threatening, bigoted, vulgar, violent, obscene, sexually explicit, libelous, defamatory or generally offensive (including “flaming”), (ii) is illegal or encourages illegal activity, (iii) infringes on any proprietary right or right of privacy of any third party or violates any confidentiality obligation, (iv) advertises or offers to sell any products or services or is otherwise commercial in nature, or makes any solicitation or request for contributions or donations, or (v) contains any virus or harmful component or otherwise interferes with the operation, or impairs the functionality, of the Site.

You hereby grant RRPC and its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon and otherwise exploit all Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.  To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by RRPC, you agree not to enforce any such rights as to RRPC or its licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

You are and shall remain solely responsible for any Submission that you provide. Without limiting any of its rights in law and equity, RRPC reserves the right, in its sole discretion, to refuse to post or communicate any Submission, and to remove any Submission, for any reason including any Submission that it believes to violate these Terms of Use or to be a Prohibited Submission.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES, REPORTS AND SUBMISSIONS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

RRPC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF YOUR REQUIREMENTS, ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, DATA ACCURACY, SYSTEM ACCESS, INTEGRATION OR INFORMATIONAL CONTENT, OR OF FREEDOM FROM NON-INFRINGEMENT, ERROR, INTERRUPTION, VIRUS OR OTHER DISABLING ROUTINE.

IN NO EVENT, INCLUDING NEGLIGENCE, SHALL RRPC OR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER REPRESENTATIVES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, REPORTS OR SUBMISSIONS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES OR LOSS OF BUSINESS, EVEN IF RRPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

User Code

If you elect to purchase products on the Site, you may be given the opportunity to request a unique, non-transferable user code (your “User Code”) to identify you for the purpose of purchasing products on the Site.  At the discretion of RRPC, approval and delivery of a User Code may be subject to completion of credit application by you, with subsequent approval by RRPC.

You agree to keep your User Code confidential, to prevent the use of your User Code by others, and to notify RRPC promptly of any identified unauthorized access or use of your User Code.  YOU ARE SOLELY RESPONSIBLE FOR PAYMENT TO RRPC OF ANY FEES OR COSTS ARISING FROM ANY PRODUCTS PURCHASED THROUGH THE USE OF YOUR USER CODE, INCLUDING UNAUTHORIZED AND FRAUDULENT PURCHASES.  You may not sell, resell, license, rent, lease, reproduce, duplicate, copy or otherwise exploit your User Code or distribute or provide access to any products available on the Site in a service bureau, out-sourcing, data processing or similar arrangement.

 

Payment of Fees

You agree to pay all applicable fees and costs for any products purchased by you or under your User Code, on or before the due date indicated on any invoice provided to you.  You also responsible for the payment of any taxes arising from any purchased products.  All fees and costs are final and will not be refunded in whole or in part.  You agree that if any legal action is required to enforce RRPC’s right to payment of any fees, costs or any other amounts due for any purchased products, you will be responsible to pay all costs incurred by RRPC, including reasonable attorney’s fees, arising from any such action or any appeal thereof.

 

Indemnification

You agree to indemnify, defend and hold harmless RRPC and any of its directors, managers, officers, employees, agents, contractors and other representatives from all claims, demands, losses, expenses and costs whatsoever (including reasonable attorney’s fees) arising, directly or indirectly, out of your access, use, disclosure, publication, display or distribution of (a) the Site, (b) any of the Content or information (including any information contained in any Submission) you obtain from the Site, (c) any products you purchase or reports made available to you from the Site, (d) any Links or any Advertising, as well as any Submission you provide to the Site and any breach by you of these Terms of Use or related RRPC procedures.

 

 

Promotional Communications; Privacy Policy

You agree to receive from RRPC and its contractors, faxes or e-mail pertaining to the products and services offered on or through the Site or advertising that RRPC determines may be of interest to you.  Please see RRPC’s Privacy Policy at http://rrpub.com/privacy_policy.html (the “Privacy Policy”) for an explanation of how RRPC may collect information from you, how RRPC uses such information and your ability to opt-out of receiving promotional communications.  The terms and conditions of the Privacy Policy are hereby incorporated by reference into these Terms of Use.  RRPC may change the Privacy Policy at any time in its sole discretion and any such changes are incorporated into these Terms of Use.

 

 

Links and Advertising

From time to time, the Site may contain hyperlinks (“Links”) to third party websites as well as banner advertising and sponsorships operated by or referring to third parties and their goods and services (“Advertising”).  Such Links and Advertising are for your reference only, and RRPC neither controls such linked websites or Advertising nor is RRPC liable or responsible in any way for their content.  Display of such Links or Advertising on the Site does not imply or express any endorsement by RRPC of any individuals or entities referred to in the content on such linked websites, or of such Links or Advertising, or any association with their operators and RRPC recommends that you review the terms of use and privacy policies of any such linked websites.

 

 

Termination

Notwithstanding any of these terms and conditions, RRPC reserves the right, without notice and in its sole discretion, to suspend or terminate your license and ability to access the Site (including, if applicable, your User Code), and to block or prevent you from future access to the Site, including any products or reports available through the Site.

 

Miscellaneous

These Terms of Use are governed by North Carolina law, without regard to its conflicts of laws principles.  If a court of competent jurisdiction finds that any provision in any section of these Terms of Use is illegal, unenforceable or invalid in any respect, then such provision will be ineffective to the extent of such finding without affecting the enforceability or validity of the section in which such provision is found, or any other section of these Terms of Use.  Unless otherwise stated herein, these Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior statements or agreements, both written and oral.  RRPC may change the features and functionality of or access to all or any part of the Site or the related services from time to time, with or without notice.

 


PART II – RIGDIG REPORT DISCLAIMER

 

This RigDig Report (this “Report”) was compiled by Randall-Reilly Publishing Company, LLC (“RRPC”) solely from the information and datasets received and processed by RRPC as of the date of the Report, as provided by multiple third-party data suppliers and data sources, including the National Motor Vehicle Title Information System (“NMVTIS”).  Additional information about this motor vehicle, including problems, may not have been reported to, processed accurately by, or properly transmitted to us by our third-party suppliers and sources.  RRPC does not provide information or data to NMVTIS or any of our other third-party suppliers or sources, nor does it verify, test, audit, approve or otherwise review the motor vehicle information or data it receives.  Therefore, unless otherwise agreed in writing NEITHER RRPC NOR ANY CUSTOMER OF RRPC ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS IN THIS REPORT AND, OTHER THAN THE RIGDIG CERTIFICATION (AS DEFINED BELOW) IF APPLICABLE, RRPC AND ITS CUSTOMERS EACH EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF YOUR REQUIREMENTS, DATA ACCURACY OR ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.

This Report is only one of many important factors to consider when making an informed motor vehicle purchase decision.  In addition to this Report, a vehicle inspection, test drive and review of other maintenance records are important steps to making an informed motor vehicle purchase decision.

 

RigDig Certification

This Report may indicate that the motor vehicle with the vehicle identification number (VIN) set forth in this Report (the “Subject Vehicle”) qualifies for “RigDig Certification.”  For purposes of the Report, “RigDig Certification” means that, after taking commercially reasonable efforts to access the NMVTIS central files available to RRPC as of the time and date set forth in this Report, RRPC did not identify any Title Brands, Junk or Salvage Yard reports or Total Loss Insurance Claims (each as defined in the Report) reported in such NMVTIS central files and related to the VIN of the Subject Vehicle.

 

Use of Report

You may only publish, display or distribute this Report in its entirety, including all disclaimers, titles, trade marks, trade names, copyright notices, and other proprietary notices included herein, and in accordance with all applicable laws and RRPC procedures.  You may not modify, create derivative works from, sell or otherwise exploit any of the trade marks, trade names, logos, text or graphic images included in this Report (collectively, the “Report Content”), without express written consent of RRPC.  RRPC and its affiliates and contractors own the Report Content and retain all intellectual property rights therein.

 

NMVTIS Information

The portions of this Report that were compiled from information received from NMVTIS are designated with the NMVTIS logo.  The following Consumer Access Product Disclaimer applies solely to such NMVTIS information:
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 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 www.vehiclehistory.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.

 

Version 1.07 – last updated: April 15, 2013

Equipment Data Associates, a division of Randall-Reilly Publishing Company, LLC

1509 Orchard Lake Drive, Charlotte, NC 28270 (800.495.5750)

 

Since 2000, there have been over 639,000 federally recordable, tow-away accidents for class 3-8 trucks (for valid VINs) reported in RigDig. Of these accidents, over 23,000 resulted in a fatality.

VIN Cloning is a growing crime, where criminals take the vehicle identification number (VIN) from a wrecked vehicle while it is sitting in a junkyard, then create new VIN plates for a stolen vehicle of the same make, model, year and color. RigDig can protect you from purchasing a VIN cloned vehicle.

In April of 2013, 3.7% of the RigDig Reports run by users were for trucks that were flagged as either Junk, Salvage or had a serious Salvage Title.

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Protect your customers, your investments and your reputation. Let RigDig™ shield you from the unknown on trade-in and auction buys. Powered by the most comprehensive and the most trusted data sources available, RigDig™ Truck History Reports help you make more informed used truck purchase decisions. Whether you are a fleet manager, a dealer or owner-operator, don't make a deal without knowing as much as possible about a truck's history. Make better investments - get a RigDig™.