Thank you for using Alliance Inspection Management’s (“AiM”) website(s), vehicle inspection, technology products, and services. AiM is one of the biggest vehicle inspection companies and collectors of vehicle damage data in North America. These products and services include, but are not limited to, the scheduling and/or performance of vehicle inspections, the generation of condition reports, the posting of vehicles on selling platforms and/or storage of vehicle damage data online (collectively referred to as “AiM Products and Services”). By using any of AiM’s Products and Services, whether at an AiM location, a third-party location or online, you agree for yourself, and if applicable, your dealership, your company, and/or your representatives (collectively, "You" or “Your”) to abide by the terms and conditions set forth herein, as amended from time to time by AiM.
These terms and conditions shall benefit AiM and its various subsidiaries, parent company(ies), and affiliates, including Alliance Inspection Management Holdings, Inc., Autocomm, Inc., Alliance Inspection Canada, Inc., or Total Claims Management, LLC. (collectively, "AiM," "we," "our," or "us"). These terms and conditions are in addition to, and not in lieu of, any more specific written and signed agreements You may have or make with AiM (e.g., sales invoices, online visitor agreements, privacy policies, inspection agreements, data procurement agreements, etc.). To the extent there is any conflict between these terms and conditions and other more specific written and signed agreements You have with AiM, those other more specific agreements will control. AiM may amend these terms any time by posting an amended version at its website, which shall become effective on the date of posting. Time is of the essence with respect to all of Your duties hereunder.
1. Telephone Consumer Protection Act Disclosure:
The Telephone Consumer Protection Act ("TCPA'') requires businesses that contact consumers by telephone, text or fax, using an prerecorded/artificial voice messages ("AVM") and/or automatic telephone dialing system ("ATOS”) to obtain prior express consent before using such in contacting a consumer's cell phone for informational purposes and prior express written consent if the contact is for marketing purposes.
In order for Alliance Inspection Management, LLC (“AiM”) to provide you the requested vehicle inspection services, AiM may need to make telephone calls and/or send text messages to you at any telephone number, including wireless telephone numbers. The manner in which these calls or text messages are made to you may include the use of AVM and/or ATOS. Charges may apply to the receipt of these calls or text messages. Please note that consent is not a condition of ordering any good or service and consent may be revoked at any time. However, if you do not consent to the terms of this provision you will be required to either use email, or call (248)-419-47071 to schedule a dispatcher to contact you and coordinate the inspection of your vehicle.
If You agree to be contacted via phone, You hereby provide consent to receive autodialed telephone calls, artificial voice messages and/or text messages, from or on behalf of AIM, its affiliates, agents, assigns and/or service providers at the telephone number You’ve provided for use in normal business communications, and You represent that YOU are the current subscriber on the contract or non-subscriber customary user.
3. Accuracy of Information: You certify and agree that any contact, registration and/or representative information You have provided to us via any of AiM’s websites (including, but not limited to, aimdealerinspections.com, homepage.aiminspections.com, and marketconnect.aiminspections.com) (“Websites”), via email, telephonically, and otherwise, is true, correct, and complete, and You will promptly notify us in writing, if there is any change to the information You have provided.
4. Fairness and Courtesy: You agree to behave in a fair, ethical, courteous, and civil manner in Your interactions with us, our personnel, and our other customers while interacting with AiM’s websites or using any of AiM's Products and Services. Should You have issues or concerns with the behavior of our personnel or other customers that cannot be resolved quickly and civilly on Your own, You will raise those issues discreetly with our management.
5. Disclaimers and Liability Waiver:
Although we do our best to ensure that we provide superlative AiM Product and Services, as well as the optimal performance of our Websites, any and all material contained within an AiM Product or provided through an AiM Service or on this Websites is relied upon at your own risk and is presented “as is.” Unless otherwise stated in a separate written agreement signed by AiM and You, no warranties, express or implied, are provided for AiM’s Product and Services or its Websites or its content. We do not warrant that AiM’s Product and Services or its Websites or their content are free from error. As it pertains to AiM’s Websites, AiM does not warrant that use of our Websites will be free from interruptions, that our Websites are free from defects, including viruses or malware, or that our Website will not be compromised by a cyberattack or hack.
You acknowledge and consent that AiM is not liable to You in any way for Your use of AiM Products and Services or itsWebsites including for errors or omissions, delays, interruptions, defects, or missing or deleted information or damages of any kind, including to Your computer network, and specifically including direct, special, consequential, incidental and punitive damages arising from Your use of AiM Products and Services or itsWebsites. You expressly consent to and agree that use of the AiM Products and Services or itsWebsitesat your own risk.
6. Arbitration Rules: For any legal disputes arising from the use of AiM’s Websites, Products, or Services, or any other transaction with AiM, You agree to be bound by the AiM Arbitration Policies as set forth in this Section 6, which may be amended unilaterally by us from time to time.
ARBITRATION AGREEMENT: YOU AGREE TO ARBITRATE ANY DISPUTE OR CLAIM THAT YOU MAY HAVE WITH AIM THAT ARISES OUT OF OR RELATES IN ANY WAY TO THESE TERMS AND CONDITIONS; ANY PURCHASE, SALE, OR TRANSACTION WITH AIM; YOUR USE OF ANY AIM PRODUCT, SERVICE, OR WEBSITE, ONLINE PORTAL; OR ANY AGREEMENT BETWEEN YOU AND AIM. ARBITRATION CONDUCTED HEREUNDER SHALL BE FINAL AND BINDING. THIS ARBITRATION PROVISION MEANS THAT YOUR CLAIMS AGAINST AIM WILL BE RESOLVED THROUGH ARBITRATION RATHER THAN LITIGATION IN COURT. YOU ACKNOWLEDGE THAT AIM MAY (BUT SHALL NOT BE REQUIRED TO) SUBMIT TO ARBITRATION ANY DISPUTE OR CLAIM THAT IT MAY HAVE AGAINST YOU, WITH ANY SUCH ARBITRATION BEING GOVERNED BY THE PROVISIONS OF THIS SECTION 6.
ABILITY TO OPT OUT: YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT (SECTION 6ONLY) FOR ANY FUTURE BUSINESS WITH AIM AND DOING SO WILL NOT IN ANY WAY PREJUDICE OR AFFECT YOUR DEALINGS WITH AIM. TO EXERCISE THIS OPT OUT RIGHT, YOU MUST PROVIDE WRITTEN NOTICE OF YOUR ELECTION TO OPT OUT TO AIM AT 400 GOLDEN SHORE DR., STE. 400, LONG BEACH, CA, 90802, ATTN: GENERAL COUNSEL, NO LATER THAN 30 DAYS AFTER YOUR INITIAL ACCEPTANCE OF THESE TERMS AND CONDITIONS AS SET FORTH IN THE FIRST PARAGRAPH HEREOF. THE PROCEDURE SPELLED OUT HEREIN IS THE ONLY WAY TO OPT OUT OF THIS ARBITRATION AGREEMENT, AND ANY ATTEMPTS TO OPT OUT AFTER THE DEADLINE SET FORTH HEREIN WILL BE INEFFECTIVE.
CLASS ACTION WAIVER: ANY ARBITRATION PROCEEDING UNDER THIS SECTION 6WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS OR REPRESENTATIVE PROCEEDINGS OF ANY KIND ARE NOT PERMITTED AND YOU EXPRESSLY WAIVE YOUR ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING AGAINST AIM. TO THE EXTENT THAT YOU OPT OUT OF ARBITRATION FOLLOWING THE PROCEDURE SET FORTH IN SECTION 6(b) ABOVE, OR IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO YOUR DISPUTE WITH AIM, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION. YOU AGREE THAT THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF OUR AGREEMENT AND THESE TERMS AND CONDITIONS AND THAT IT MAY NOT BE SEVERED. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE AGREEMENT TO ARBITRATE IN THIS SECTION 6WILL BE NULL AND VOID.
Arbitration Procedures/Arbitrator Authority: Any dispute or claim subject to arbitration pursuant to this Section 6 shall be submitted to binding arbitration administered by the Judicial Arbitration and Mediation Service ("JAMS") pursuant to its Streamlined Arbitration Rules and Procedures as in effect at the time of the submission of such dispute or claim (the "JAMS Streamlined Rules"). The disputes and claims subject to arbitration pursuant to this Section 6will be resolved by a single arbitrator selected pursuant to the JAMS Streamlined Rules. The arbitrator shall be bound by and shall strictly enforce these terms and conditions and any other applicable agreement between you and AiM, and may not limit, expand, or otherwise modify any of these terms and conditions or the provisions of any other applicable agreement between You and AiM. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these terms and conditions. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with each other. The laws of the State of California will apply to any claims or disputes between us. Any arbitration will be held in Orange County, California, unless otherwise agreed upon by the parties in writing. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award AiM any costs and fees to which AiM may be entitled under Section 6 in connection with any indemnification claim, and may also, in his or her discretion, award costs and fees to AiM if it is determined that You submitted or filed any arbitration in bad faith or that Your claims against AiM have no reasonable legal basis.
Application of FAA/Survival: You agree that Your transactions with AiM evidence transactions in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 6(notwithstanding the application of Georgia law to any underlying claims as provided for in clause (d) above). You also agree that this Section 6 survives any termination of these terms and conditions or any other agreement between us.
7. Electronic Signatures: You acknowledge and agree that You and we may, from time to time, find it expedient to utilize electronic signature(s), acknowledgement(s), consent(s), "click-through(s)," or other approval(s), direct or indirect, for access to AiM’s Website, Products and Services, whether online, in emails, over the phone, or otherwise, which makes Your business with AiM easier, faster, and more efficient. To that end, You agree that any such forms of approval from You shall be effective and binding upon You, in the same manner as a handwritten signature, where circumstances indicate Your intent to be bound and/or we choose to rely on such approval(s). Regardless of whether Your consent or approval was given, or in what form, You agree that You will be deemed to have ratified any transaction that You do not dispute in writing within 24 hours of confirmation by AiM.
8. Choice of Law and Consent to Jurisdiction: These terms and conditions shall be governed by the internal laws of the State of California (U.S.A.), where AiM maintains its headquarters, and without regard to California‘s internal conflicts of law analysis. In the event that any claim or dispute between AiM and You is not arbitrated under Section 6 hereof, You agree that non-exclusive jurisdiction and venue for such claims and disputes shall exist in the federal and state courts located in Orange County, California.
9. Understanding of Terms and Conditions: You acknowledge and agree that You understand these terms and conditions written in English and that You have sought the help of an attorney and/or translator as You deem necessary to understand it. The Parties hereto agree that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language. Any translated version of any of these terms and conditions offered by AiM is provided as a courtesy only, with the English version being the binding version.
10. Severability: If any provision in this agreement is determined to be legally unenforceable, the parties agree that the unenforceable provision shall be severed, and the remaining provisions of these terms and conditions shall remain in full force and effect.
11. Bound by Representatives: You are responsible for and bound by the actions of, and transactions entered into by, your actual and appointed representatives whether authorized by you in writing, verbally, or otherwise to represent you at or with AiM. You are responsible for monitoring your appointed representatives and protecting the privacy of your username, login information and any other account or financial information provided to AiM or its vendors and agree to inform us immediately, in writing, of any unauthorized use of same. If you are checking in or logging in as a representative for anyone other than yourself, you agree that you are a duly appointed and authorized representative for that person or entity and have authority to bind that person or entity to any actions or transactions you conduct.
12. No Right to Do Business: You have no obligation to do business with us. Likewise, you agree and acknowledge that we have no obligation to do business with you. We are affiliated private businesses; we reserve the right to cease doing business with you or anyone else, at any time, for any reason or no reason, in our sole discretion, collectively or separately among our affiliates; and you shall have no right, remedy, or cause of action for same. You acknowledge and agree that there are numerous sources, other than AiM, for you to acquire and sell used motor vehicles.
This statement is effective as of April 12, 2016.
Thank you for your interest in AiM. When we refer to AiM within this Privacy Statement, we are referring to Alliance Inspection Management, LLC, and its various subsidiaries, parent company(ies), and affiliates, including Alliance Inspection Management Holdings, Inc., Autocomm, Inc., Alliance Inspection Canada, Inc., or Total Claims Management, LLC (collectively, "AiM," "we," "our," or "us"). We respect the privacy of our users when they use our websites, mobile and other online applications and products and services at AiM’s various websites, including, but not limited to, aimdealerinspections.com, homepage.aiminspections.com, and marketconnect.aiminspections.com) (collectively, the “Sites”). By using the Sites, you consent to the use of your information and information about you in accordance with this Privacy Statement. If you do not agree, do not access the Service.
This Privacy Statement applies to information collected through the Sites and does not describe the collection, use and disclosure practices of any of our corporate affiliates or third parties. For information on the collection, use and disclosure practices of any company with whom you are doing business, whether or not affiliated with AiM, please review their privacy policies.
AiM is a business-to-business provider of auction and vehicle remarketing services to buyers and sellers of vehicles at wholesale and to their duly authorized agents and representatives. Our Service is not intended for consumers.
AiM is one of the biggest vehicle inspection companies and collectors of vehicle damage data in North America. These products and services include, but are not limited to, the performance of vehicle inspections, the generation of condition reports, the posting of vehicles on selling platforms and/or storage of vehicle damage data online (collectively referred to as “Services”) Services offered by the Sites are not directed to individuals under the age of eighteen (18). If you are under eighteen (18), you should not provide any personal information to us.
This Privacy Statement covers:
Information is gathered from the Sites by us, our service providers, advertisers, sponsors and partners.
Information You Provide. We may collect information that you choose to provide on the Sites in a variety of ways, such as when you:
Automated Information. Information regarding your use of the Sites may be collected and/or aggregated through the use of automated means. This automatically collected information may include information such as:
Data Technologies. Various technologies are used to automatically collect information, such as cookies, local shared objects, and web beacons (generally referred to as “Data Technologies.”) “Cookies” are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies. Anonymous advertising identifiers are increasingly being used on mobile devices and otherwise in a manner similar to cookies. When we refer to Data Technologies, we are including all current and similar future technologies.
One or more Data Technologies may be used on the Sites and other websites and mobile applications (that may not be the Sites) by us, by another party on our behalf, or by third parties in accordance with their privacy policies. Data Technologies may be used by us and others, on our behalf and on their own behalf, to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.
We may use a uniquely generated trackable toll-free telephone number on the Sites or in advertisements. If you call one of these uniquely generated toll-free numbers, we (or a service provider acting on our behalf) may collect non-personally identifiable information about the call (e.g. date, time, duration), as well as personally identifiable information (e.g. your name, the number from which your call originated).
Videos. We may target and track the videos you view on the Sites. You consent to our tracking of your video viewing through the Site or third party social media for up to two years or as permitted by applicable law.
Location Information. We may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after initial access to or downloading our website). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, auctions in the area, and directions.
Publicly Posted Information. Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.
Combined Information and Information from Other Sources. We may combine information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your use of the Sites, your use of other websites, devices and mobile applications and information from our affiliates and other sources.
We may use information we collect for the following purposes:
Advertising that is customized based on predictions generated over time from your visits across different websites, devices and mobile applications is sometimes called "online behavioral" or "interest-based" advertising. We may partner with advertising networks, which are companies that deliver targeted advertisements to consumers and generate statistics and metrics related to the delivery of interest-based advertisements. They may utilize information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us, our affiliates and other advertisers. This data collection takes place both on the Sites and on third-party’s websites and mobile applications. This process allows the Sites and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. Our advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.
We do not provide information that is directly associated with a specific person (such as name and address) to an advertising network when you interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may make an assumption that you are interested in the subject matter of the advertisement.
Some companies disclose when they are using interest-based advertising programs on the Sites to deliver third-party ads or collecting information about your visit for these purposes and give you the ability to opt-out of this use of your information. You may see an icon in or around third-party advertisements on the Sites that use interest-based advertising programs and on pages where data is collected and used for online interest-based advertising. Clicking on this icon will provide additional information about the companies and data practices that were used to deliver the ad. You can opt out of delivery of targeted advertising to you by multiple companies by visiting www.aboutads.info/choiceswww.aboutads.info/choices and www.networkadvertising.org/managing/opt_out.asp.Please note that even if you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.
We do not sell or otherwise share information about you that we collect or receive, except as described below:
You are entitled to make certain choices about how we communicate with you.
We may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.
California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the “How to Contact Us” section below.
Online Tracking Policy for California Residents. As of the effective date of this Privacy Statement, there is no commonly accepted response for Do Not Track signals initiated by browsers, therefore we do not respond to them.
Access to information that we collect and maintain about you may be available to you. For example, if you created a password-protected account within the Sites, you can access that account to update the information you previously provided. Additionally, if you believe that information we maintain about you is inaccurate, subject to applicable law, you may request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below.
We use commercially reasonable administrative, technical, personnel, and physical security measures designed to safeguard information about you in our possession against loss, theft and unauthorized use, disclosure or modification. Of course, despite these measures, we cannot guarantee perfect security of networks, servers and databases we operate or that are operated on our behalf.
If you choose to visit the Sites, your visit and any dispute regarding privacy is subject to this Privacy Statement and our Visitor Agreement, including limitations on damages, resolution of disputes, and application of the law of the state of Georgia.
We may update this Privacy Statement to provide clarification or notice of changes to our practices. If we make changes, we will revise the date at the top of this Privacy Statement. We will provide you with additional notice of material changes by posting notice of the changes for thirty (30) days before we implement those changes.
If you have any questions or comments about this Privacy Statement, or if you would like us to update information we have about you or your preferences, please contact us by email at privacypolicy@AiMinspections.com.