TERMS AND CONDITIONS

The purpose of this site is to provide users with general information regarding Collision Data Services’ products and services, and to provide a forum by which purchase of said products and services is convenient and affordable. However, this site is provided on an “AS IS” and “AS AVAILABLE” basis, and COLLISION DATA SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COLLISION DATA SERVICES DISCLAIMS ANY AND ALL RESPONSIBILITY FROM ANY LIABILITY, LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, LOSTS PROFITS OR LOST SAVINGS) THAT MIGHT OCCUR OR MIGHT IN ANY WAY BE RELATED TO YOUR USE OF THIS SITE, YOUR USE OF ANY SOFTWARE OR EQUIPMENT IN CONNECTION WITH THIS SITE, ANY ERRORS IN OR OMISSIONS IN THIS SITE OR ITS CONTENT, TECHNICAL INACCURACIES, PROGRAMMING ERRORS, TYPOGRAPHICAL ERRORS OR IN ANY THIRD PARTY WEBSITES ACCESSED BY DIRECT LINK OR INDIRECTLY FROM THIS SITE, OR LOSS OR DAMAGE AS SPECIFIED ABOVE CAUSED BY THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF.

In ordering EDR retrieval services from Collision Data Services, you acknowledge and understand that by ordering these services that there is no guarantee that any EDR data may be retrieved for reasons including, but not necessarily limited to the possibility that the impact was not severe enough to trigger the recording mechanism if there was no airbag deployment, the EDR unit was damaged in the collision, or that the EDR unit was not functioning at the time of the collision. By ordering these retrieval services you understand that you are responsible for, and agree to pay Collision Data Services the stated amount even if no EDR data is retrieved. The services being provided and paid for are the retrieval of what is physically retrievable from the EDR unit at the time of the inspection.

You understand that Collision Data Services makes no guarantee or warranty that any EDR data will be recorded or retrievable or that the retrieval of EDR data will provide any particular result. You further understand that the data retrieved is expected to be used in conjunction with other evidence, and that it alone will not usually provide all the evidence you need to reconstruct the subject collision, determine cause or determine fault in any given collision, and that there is no guarantee or warranty that the data retrieved will be useful to you, or to reconstructing the subject collision, determining causation of the collision, or determining faut. You further understand that the summary report provided with the data retrieved is merely a translation of the data, and does not constitute an accident reconstruction. The report is not intended to constitute an expert opinion but is merely offered as a matter of convenience to the user to assist in the understanding of what data was recorded. It is not intended to take the place of an analysis by an expert in accident reconstruction.

By ordering retrieval services from Collision Data Services, you acknowledge and agree that IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT A RETRIEVAL IS AUTHORIZED AND LAWFUL. In that regard, you agree to indemnify, defend and hold harmless Collision Data Services, its affiliates, agents and subcontractors performing EDR retrieval services for you, and each of their respective officers, directors, managers, employees, stockholders, and members, from and against any and all third party claims, whether for personal injury, death, property damage, theft, fraud, bad faith, violation of privacy, or otherwise, arising from or related to an alleged illegal, unauthorized or otherwise improper retrieval of EDR data performed at your request, REGARDLESS OF THE NEGLIGENCE OF COLLISION DATA SERVICES, IF ANY, RELATED TO SAID ALLEGEDLY ILLEGAL, UNAUTHORIZED OR OTHERWISE IMPROPER RETRIEVAL OF EDR DATA, except in instances involving gross negligence or willful misconduct by Provider.

If you are ordering the removal of the entire EDR unit, be advised that if the vehicle will be in use following the removal of the EDR unit, a new EDR unit will need to be installed by an experience technician at your expense. Collision Data Services does not offer installation services, and is not responsible for the replacement of the unit. By ordering services for the removal of the EDR unit, you acknowledge that Collision Data Services is not responsible in any way for installing or paying the cost for a new EDR unit, and you agree to waive any and all liability or claims against Collision Data Services for the replacement of an EDR unit following a removal.

In the process of retrieving EDR data at your request, you acknowledge and authorize Collision Data Services to store the EDR data retrieved on Collision Data Services’ site and in its database systems. While information regarding any individuals, personal identifiers, vehicle owners, collision location, vehicle location, location of persons involved, VIN numbers or any other information that would create an opportunity to deduce the identity of persons, location of a subject collision or the subject vehicle or vehicle owner, VIN number, identity of a customer or any other information that would tend to identify any persons in any way related to or involved in the collision, related claims or cases, will be kept in a private and secure manner, you acknowledge and authorize Collision Data Services to indefinitely retain, maintain, use, take ownership of and sell the retrieved EDR data elements along with the manufacturer, make, model and year of the vehicle from which the data was retrieved only, to be used for research, development and testing.

Collision Data Services is not a law firm, and neither it nor its employees are acting as your attorney. The following support services are available for your convenience, however they do not constitute legal advice, nor do they replace or substitute for the services or advice of an attorney. All states have their own laws and the laws can and frequently do change, and there are no guarantees that the legal support services offered are in compliance with the existing laws of any given state, or that they will meet your particular needs. Collision Data Services makes no representations, guarantees or warranties as to the legal sufficiency of these legal support services or forms or that they will protect your rights, protect you from liability or provide any other particular result, legal or otherwise. Use of Collision Data Services’ forms or legal support services is not intended to create an attorney-client relationship, and by your use of said services or forms you are acknowledging that no attorney-client relationship has or is being formed. You are advised to seek the counsel of an attorney to ensure that use of the retrieval or litigation support services meets your legal needs.

If any provision of these Terms & Conditions are declared unlawful, void or unenforceable, said provision will be deemed severed, and the remaining provisions shall remain in full force and effect.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. You agree that should any dispute arise between you and Collision Data Services, you will first submit to non-binding alternative dispute resolution before seeking resolution in a court of law.