NationalAutoBodyResearch.com and VRSsytem.com are owned and operated by International Research Corporation, doing business as National AutoBody Research (“NABR” or “We”). We provide and maintain The Variable Rate System (“VRS”) via an Internet Web site (the “Site”) for the benefit of users of our services (“You”, “Your”, or “User”). On our Site we provide hosted tools and processes to allow You to create individualized surveys, obtain survey results, and use related services, (collectively “Services”).

The Services and use of the Site are provided to You subject to the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Agreement”) and our Privacy Policy, and any other rules and policies set forth on this Site. The terms and conditions below and any other rules or policies set forth on this Site comprise the entire agreement between You and NABR and supersede all prior agreements between You and NABR.

1. ACKNOWLEDGMENT AND ACCEPTANCE.

PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY COMPLETING THE SUBSCRIPTION PROCESS, OR ENROLLING VIA DIRECT COMMUNICATION WITH NABR (SUCH AS EMAIL OR TELEPHONE), YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.

2. USER RESPONSIBILITIES.

These Terms of Use give you important obligations. You agree to the following responsibilities:

  • Lawful use of the Services only. Please see also Section 7 below.
  • Creation and maintenance of all content in the account including but not limited to survey content, and current billing and contact information.
  • On-time payment of all agreed subscription fees.
  • Full responsibility for all activity associated with your use of our Site and Services.
  • Compliance with all other obligations set forth in these Terms of Use.

We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at Your own risk. NABR is not responsible for Your activities, surveys, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. We recommend that You keep track of Your survey results and other data in your own personal records, as We reserve the right to discontinue your account(s) or terminate the Services at any time. We are not responsible for the deletion of any data that is in or has been added to your account(s). If a User account remains inactive for a period of 18 months, We may deactivate the account.

3. MODIFICATION TO SERVICES PROVIDED; TERMS OF USE.

You acknowledge and agree that We may, with or without notice, modify or terminate the Services and/or the Site. Modifications of the Service may include, without limitation, changes to surveys, survey questions, search functionality, data that is displayed, user experience, or any product functionality or other part of the Services through the Site.

Further, NABR may change these Terms of Use from time to time without prior notice, including the fees charged for the Services. You can review the most current version of this Terms of Use at any time at http://www.nationalautobodyresearch.com/terms-of-use/. The revised terms and conditions will become effective upon posting, and if You use the Services after that date, We will treat Your use as acceptance of the revised terms and conditions. If any change to these Terms of Use is not acceptable to You, Your only remedy is to stop accessing the Site and using the Services

4. PAYMENT TERMS; AUTOMATIC RENEWAL; CANCELLATION.

You agree to pay all charges to your account, including any applicable taxes, at the rates in effect when the charges are incurred. We may change the fees and charges then in effect, or add new fees or charges, by giving Users advance written notice. You must provide valid credit card information and keep that information current in your account. NABR does not store credit card numbers or maintain them on file but instead uses secure credit card payment services providers to maintain card numbers and process payments.

We will automatically renew and charge Your account upon every expiration date of your subscription (usually every month for most products), until You cancel your subscription. The renewal charge will be equal to the original subscription price, unless We notify You otherwise in advance. You may cancel Your subscription at any time by logging into Your account or in writing to NABR. Upon receipt of Your canceled subscription, We will promptly terminate Your access to the Services and stop any further automatic renewals and credit card charges. NO REFUNDS OF SUBSCRIPTION FEES WILL BE GIVEN.

You agree not to perform any chargebacks with Your credit card company without first providing NABR an opportunity to address any billing issue, customer service issue, or other concern you have related to your account.

If payment cannot be charged to the credit card You have on file with us, We reserve the right to suspend or terminate your account and access to the Services. We reserve the right to terminate Your subscription and/or discontinue Services at any time for any reason or for no reason.

5. LICENSING

The VRS is licensed for one auto body shop location and is a single user service. Multiple-shop Operators (MSO’s) require one license for each location. Each license has a monthly fee. All data, information, and tools in the Site are for the sole use of Your licensed location only and may not be shared with anyone outside of your location. For each license, additional logins are available for additional users at that same shop location. All users must be current full time employees and spend at least 31 hours per week working at that location. You may not share logins and passwords with others. You may not share with others any data or information contained in the VRS. Sharing login information or any other VRS data is a violation of this Agreement and may result in immediate account termination and pursuit of damages.

6. CONFIDENTIALITY.

We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information. “Confidential Information” may include solely to the extent entered into the Services or Site by you, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

7. OTHER PROHIBITED USES.

You acknowledge, warrant and agree that:

  • You will not interfere or disrupt networks connected to the Service and the Site.
  • You will not attempt to gain unauthorized access to any computer system, account, data, information, or any other electronic asset associated with the VRS and NABR.
  • You will comply with all laws, rules and regulations regarding transmission of technical data exported from the United States.
  • You will not discuss “fixing” prices charged, discounts given, or attempt to restrict free trade in any way with other participants of this website.
  • If you engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms of Use, your account will be terminated and use of the Service and Site prohibited.

8. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, NABR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NABR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

NABR IS NOT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY VRS SURVEY OR FOR THE RESULTS GENERATED BY THE VRS WEBSITE. NABR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE DATA SUPPLIED TO NABR NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS IN RESPONSE TO SURVEYS.

NABR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES NABR WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. NABR IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.

NABR MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES NABR MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

NABR MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER NABR NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

10a. PROPRIETARY RIGHTS.

NABR owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by NABR. It is all protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted the limited license to use the content of the Service and the Site as authorized herein to view survey responses and survey results for your personal use as an end product only, and you must at all times maintain NABR’s copyright symbol on the product in any form or medium. While your account is active, you will have the right to access survey results, related survey data and tools, and you assume the entire risk of disclosing such content to third parties. Modification or use of NABR’s content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

10b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.

You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.

11. LINKS AND ADVERTISERS.

NABR may provide advertising space and/or links and pointers to Internet sites maintained by third parties. NABR has not reviewed all of the third-party sites nor reviewed any products or services they may provide. NABR is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. NABR DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. NABR DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

12. TERMINATION.

These Terms of Use and the Service may be terminated by NABR at any time. NABR shall not be liable to you or any third party in any manner for termination of the Service. In the event you should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, your only recourse is to discontinue use of the Service, terminate your subscription, and give notice to us of these actions. Upon termination, your right to use the Service and the Site cease immediately and NABR shall have no obligation whatsoever to retain, forward or make available to you any survey results.

13. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless NABR, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the Site or the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.

14. JURISDICTION.

These Terms of Use shall be governed by the laws of the State of Delaware without regard to the principles of conflict of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware for the purpose of resolving any dispute relating to Your access to or use of the Services.

15. NATURE OF AGREEMENT.

You agree that Your completion of the subscription procedure constitutes agreement to these Terms of Use. Further, these Terms of Use are the entire and only agreement between You and NABR and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, purchase orders, license agreements, service agreements, invoices or other terms and conditions that You may provide to us in respect of the Site or Services. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms of Use.

16. GENERAL PROVISIONS.

The failure by NABR to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.