The following describes the terms and conditions under which the customer (referred to herein as "you") agrees to purchase, and DataScan Field Services LLC, agrees to provide, DataScan's products and services.

1. Definitions. When DataScan uses the following capitalized terms in this Agreement (as defined below), those capitalized terms have the following meanings:
• Agreement: These Terms and Conditions, including any other terms and conditions incorporated by reference into these Terms and Conditions from other portions of the Site, and the DataScan Inspection Order Form.
• Field Specialist: An employee, independent contractor, sub-contractor or other representative of DataScan who performs inspections of Vehicles.
• Inspection Contact: The authorized custodian of the Vehicle as identified by you on the DataScan Inspection Order Form.
• Inspection Report: A report of a Vehicle's physical condition completed by a Field Specialist after performing the Inspection Service.
• Inspection Services: As defined in Section 2 below.
• Site: DataScan's Internet web site. (www.dsfs.com) Vehicle: An automobile or light truck that you request DataScan to inspect under the Terms and Conditions of this Site.
  Vehicle Condition Report: A report of a Vehicle's identifying information, physical attributes, options, and/or overall condition prepared by DataScan and made available for viewing by you on the Site or provided to you via email.
  DataScan Inspection Order Form: The order form set forth on the Site.
2. About Our Vehicle Inspections. The information set forth on the Site under " Inspection Details"describes DataScan's products and services, which are referred to in this Agreement as the "Inspection Services."
3. Payment. You must pay for the Inspection Services you order from DataScan via PayPal® prior to completing and submitting the DataScan Inspection Order Form. For further information regarding payment terms, see "Paying for Your Inspection".
4. Refund. If an unforeseen delay occurs and the inspection can not be completed within the allocated time frame your inspection fee will be refunded to you upon request to the client services center (see "contact us").
5. Limitation on the Liability of DataScan. If DataScan fails to contact you to arrange for the Inspection Services, or fails to deliver or make available the Vehicle Condition Report, or otherwise fails, in any material respect, to perform its duties as described in this Agreement with respect to the inspection of any Vehicle, then your sole remedy and DataScan's sole liability shall be limited to a refund of the fee actually paid by you to DataScan. IN NO EVENT WILL THE LIABILITY OF DATASCAN AND ITS MEMBERS, PARTNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS, AGENTS AND AFFILIATES TO YOU FOR ALL CAUSES OR CLAIMS WHATSOEVER UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES PROVIDED BY DATASCAN UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE INSPECTION OF A VEHICLE OR THE CREATION OR DELIVERY OF AN INSPECTION REPORT OR VEHICLE CONDITION REPORT, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO DATASCAN FOR THE PRODUCTS OR SERVICES GIVING RISE TO SUCH CLAIM. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR THE LOSS OF THE SALE OR PURCHASE OF A VEHICLE) OF ANY KIND, WHETHER UNDER THIS AGREEMENT, UNDER ANY STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, WHETHER OR NOT SUCH DAMAGES ARE CAUSED BY THE FAULT OR NEGLIGENCE OF SUCH PARTY OR ITS AGENTS OR CONTRACTORS, AND WHETHER OR NOT SUCH PARTY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
   UNDER NO CIRCUMSTANCES SHALL DATASCAN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF DATASCAN AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO DATASCAN FOR ITS PRODUCTS AND SERVICES.
6. Disclaimer. While DataScan intends to provide you with useful and accurate information regarding each Vehicle based solely on the Inspection Services provided, DataScan does not make any representation or warranty regarding its services hereunder, or with respect to the design, compliance with specifications, operation, mechanical condition or safety of any Vehicle inspected or any component parts thereof, it being expressly understood and agreed that DataScan only provides visual inspections of the exterior and interior finishes of the Vehicle. DATASCAN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY TYPE OR KIND WITH RESPECT TO ITS PRODUCTS OR SERVICES HEREUNDER OR ANY VEHICLE, ANY INSPECTION REPORT OR ANY VEHICLE CONDITION REPORT (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF INFORMATIONAL CONTENT OR ACCURACY).
   THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH DATASCAN, WHICH YOU MAY VISIT THROUGH THE SITE, INCLUDING THE PAYPAL ® WEBSITE, IS PROVIDED "AS IS" BY DATASCAN AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY DATASCAN TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.
   DataScan inspections are based on what is seen and heard through the eyes and ears of our Field Specialists. You should understand that weather and light conditions, as well as the cleanliness of the Vehicle both inside and out at the time of the actual inspection, can reduce the accuracy of the inspection, making things such as repainting and body work difficult to detect. For the most accurate Inspection Report, the Vehicle must be clean, dry and well-lit at the time of inspection. DataScan Field Specialists do not clean or disassemble vehicles prior to or during inspection.
   DataScan guarantees that each Vehicle Condition Report will be an accurate portrayal of the Field Specialist's evaluation of the numbered items listed on the Inspection Report at the time the Vehicle is inspected, and under the weather, light and other conditions under which such Vehicle is inspected. You should understand that DataScan does not perform the same services that would be performed by a mechanic. DataScan conducts visual and operating inspections, but does not warrant that any of the systems or parts of the vehicle do or will continue to operate acceptably. DataScan does not perform computer, electrical or mechanical diagnostics. DataScan's services are similar to what you would see and hear if you were to inspect the Vehicle yourself and you had the same level of experience as our Field Specialists. However, many aspects of the inspection are subjective. In other words, the Field Specialist is providing you with his or her opinion. If you were to perform the inspection yourself, you might come to a different conclusion than the Field Specialist. DataScan is not responsible for any such differences.
   Subject to the remainder of this paragraph, each inspection is limited to the points expressly stated in the Inspection Report, and to the reporting standards relating to each item (for example: scratches, dings, chips, rust, yes, no, good, excellent). If you request an inspection of an item not included within the points expressly stated in the Inspection Report, the Field Specialist will make a reasonable effort to inspect that additional item. However, DataScan does not guarantee that the additional item will be inspected. If reference to the additional item is not expressly included in the "Field Specialist's Additional Comments" section of the Vehicle Condition Report, you should assume that the item was not inspected. Similarly, if you request that a particular item be inspected to a certain standard of care or otherwise qualify an inspection item (for example: "please check the windshield carefully for cracks"), the Field Specialist will make a reasonable effort to comply with your request. However, DataScan does not guarantee that the item will be inspected to your specifications. Unless specific mention is made to the inspection item in the "Field Specialist's Additional Comments" section of the Vehicle Condition Report, you should assume that the item was only inspected in accordance with DataScan's reporting standards. DataScan reserves the right to reject inspection requests in its sole discretion. Further, DataScan's Field Specialists will not test drive the Vehicle during an inspection.
   Changes in the Vehicle inspected can occur and/or manifest themselves between the time a Vehicle is inspected by a Field Specialist and when the Vehicle is actually purchased, including, without limitation, physical and mechanical damage, wear and tear, owner modifications and/or substandard repairs. These changes may adversely affect the value and/or desirability of the Vehicle. DataScan is not responsible for these changes should they occur. The likelihood of such changes occurring increases the longer the elapsed time between a Vehicle's inspection and purchase.
   DataScan does not provide any information or advice on the value of any Vehicle DataScan inspects or authenticate its origin or title condition. DataScan does not provide advice as to whether you should purchase or decline to purchase any Vehicle DataScan inspects. DataScan does not determine if a Vehicle is emission compliant. DataScan does not provide advice as to whether a Vehicle will perform properly.
   The Vehicle Condition Report and the related Inspection Report are subject to this Agreement. Please read this Agreement carefully. In particular, please read Section 4 of this Agreement for important limitations on your remedies against DataScan in the event you are displeased with DataScan's Inspection Services.
   DataScan relies on the state registration found with the Vehicle to identify the owner and verify the VIN, but does not verify the registration, check for liens against the Vehicle, or make any representation or warranty about the title of the Vehicle. The Vehicle Inspection Report is not a substitute for any safety or emissions inspection required by law.
7. Indemnity . You will indemnify, defend, and hold the parties referred to in the second sentence of Section 4 harmless against any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees, arising from or in connection with your use of the Site or your purchase of products or services from DataScan.
8. Force Majeure. If DataScan or any Field Specialist is delayed or hindered in, or prevented from, the performance of any act required of it, him or her by reason of failure of power, telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, act of terrorism, act of God, epidemic, restriction on air travel or any circumstance or cause beyond the control of such party in the reasonable conduct of its, his or her business, then performance of such acts will be excused for the period of the delay and the period for performance of any such act shall be extended for a period equivalent to the period of such delay.
9. Taxes. The price to you for DataScan's products and services as set forth on the Site does not include sales, use, excise or any other applicable ad valorem taxes or assessments. Such taxes or assessments, if any, will be added to your price. You agree to pay to DataScan on demand any such tax or assessment.
10. Ownership of Reports and Images. All reports and images are the property of DataScan and DataScan grants you a limited, non-transferable license to view the Vehicle Condition Report. Vehicle Condition Reports, and related images, may only be obtained and/or distributed by DataScan. Anyone obtaining or in possession of a Vehicle Condition Report or related images is in violation of provider to customer relations and is subject to prosecution. Your Vehicle Condition Report is supplied solely for your use and is not for the use of, or to be relied upon, by any third party. You are responsible for advising any third party accordingly.
11. Site Ownership; Intellectual Property Rights. The Site, including all text, logos or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site is the property of DataScan and/or third party licensors and all right, title and interest in the Site shall remain with DataScan and/or such third party licensors. Nothing in this Agreement transfers any rights to you or any third party except as expressly set forth herein. The information on the Site is provided to help you learn about and order DataScan's products and services only and may not be used for any other purposes. You may not copy, transmit, reproduce, create, or use any derivative works from, transfer, or sell any content, text, graphics, images, software, services or other material and information obtained from the Site other than as is expressly permitted herein. You may not copy or adapt the HTML code that DataScan uses to create or generate the pages on the Site. All trademarks, service marks, logos, trade dress and other intellectual property on the Site are the property of DataScan and/or third party licensors. Unauthorized use may violate copyright, trademark or other laws.
12. Hyperlinks are Not Endorsements. A link from the Site to a non-DataScan website, such as the PayPal ® website, does not mean that DataScan endorses or accepts any responsibility for the content, functioning, or use of such non-DataScan website, and you enter any such website at your own risk and subject to any terms and conditions that regulate the access and use of such linked website. It is your responsibility to take precautions to ensure that whatever websites or other online materials you select for use are free of viruses and other items of a destructive nature.
13. Termination. DataScan reserves the right to decline any inspection order in its sole discretion. The prepaid fee for any inspection so declined shall be refunded in full. Further, at any time, DataScan may terminate your access to the Site in whole or in part, or cancel or refuse to honor any inspection request, without notice, for any fraudulent or abusive conduct that DataScan believes may violate any applicable law, or is harmful to the interests of another.
14. Notices. If you need to contact DataScan, you may do so through the "Contact Us" page on the Site.
15. Changes to the Site or this Agreement. DataScan may change the Site or the terms of this Agreement in its sole discretion from time to time. Any such change will take effect when DataScan posts the change on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated by reference into this Agreement.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia. NOTWITHSTANDING THE FOREGOING, THE PARTIES EXPRESSLY OPT OUT OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, AS IN EFFECT UNDER APPLICABLE STATE LAW, IF SUCH ACT WOULD OTHERWISE APPLY TO THIS AGREEMENT.
17. Arbitration. If any dispute, controversy or claim (each a "Dispute") involving you and DataScan, or any of our respective employees, agents, affiliates, successors or assigns, arises out of or relates to your use of the Site, or any transaction or relationship resulting from your use of the Site, you and DataScan agree that such Dispute shall, at your or DataScan's election, be resolved by binding arbitration and not by a court action. Each Dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You and DataScan expressly waive any right that either of us may have to arbitrate a class action. You and DataScan may choose either of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605 (www.adr.org) or the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com). You may obtain a copy of the rules of these organizations by contacting the arbitration organization or visiting its website. Neither you nor DataScan will waive the right to arbitrate by filing suit. The arbitrator shall be an attorney or retired judge and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which you reside. To the extent not prohibited by law, the non-prevailing party shall pay, and the arbitrator shall award to the prevailing party, all of the arbitration costs and expenses incurred by the prevailing party, including reasonable attorney's fees. The arbitrator's award shall be final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. Judgment on such award may be entered by either party in any court having jurisdiction. To the extent permitted by law, the arbitrator shall not have any authority to award punitive damages in any Dispute. The parties agree that the transactions relating to this Agreement involve interstate commerce and that this Agreement shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 et. seq., as amended, and not by any state law concerning arbitration. If any part of this paragraph, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND DATASCAN WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
18. Site Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to DataScan by third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without DataScan's express written permission. Additionally, you agree that you will not:
    1. take any action that imposes or may impose (in DataScan's sole discretion) an unreasonable or disproportionately large load on DataScan's infrastructure;
    2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your personal information) from the Site without the prior expressed written permission of DataScan;
    3. interfere or attempt to interfere with the proper working of the Site; or
    4. Bypass DataScan robot exclusion headers or other measures DataScan may use to prevent or restrict access to the Site.
19. Privacy Policy. The terms of the DataScan Privacy Policy are incorporated into this Agreement by reference.
20. Miscellaneous. The provisions of this Agreement that by their nature are reasonably intended to survive the Agreement's termination, including, without limitation, this Section and Sections 4, 5, 6, 9, 10, 15 and 16 of this Agreement, shall survive the termination of this Agreement. Except as provided under Section 14 above, no waiver, amendment or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless agreed to in a writing that expressly refers to this Agreement and is signed by both parties. No evidence of any waiver or modification shall be offered or received in evidence in any litigation between the parties arising out of or in connection with this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such terms, covenants, or conditions. No waiver or relinquishment of any right or power hereunder, at any one or more times, shall be deemed a waiver of relinquishment of such right or power at any other time or times. The provisions of this Section may not be waived except as herein set forth. This Agreement contains the entire agreement between you and DataScan regarding your purchase of any products or services through the Site. This Agreement supersedes any prior written or oral agreements or representations between the parties. In the event of a conflict between this Agreement and the DataScan Inspection Order Form, this Agreement will control. Any provision of this Agreement that is determined to be invalid or unenforceable by a court will not affect the other provisions hereof, and this Agreement will be construed in all respects as if such provisions were written in a manner acceptable to that court or, if such provision is found to be totally unacceptable to that court in any form, then as if such invalid provisions were omitted altogether. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns permitted by this section. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by you without the prior written consent of DataScan. DataScan may assign, delegate or otherwise convey its rights and obligations under this Agreement to any other party. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.