General
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Insurance Institute for Highway Safety API Terms of Service
Important! Please read carefully. This is a contract. By indicating "I Agree" in your application for an API key, you accept and agree to comply with all of the API Terms of Service.
Before being given access to the proprietary IIHS materials (as defined below), the company or other entity ("You") that is named in the application for an API key (as defined below) that accompanies the Insurance Institute for Highway Safety API Terms of Service (this Agreement) will be asked to indicate whether you agree to the terms of this agreement and to submit an application for an API key. If you agree to be bound by the terms of this agreement and you provide the requested registration information, and if The Insurance Institute for Highway Safety ("IIHS") accepts your application, IIHS will provide you an API key. If you do not agree to be bound by the terms and conditions of this agreement, you should not provide registration information and you will not be given access to an API key.
IIHS reserves the right, from time to time, with notice to you, to change this Agreement in its sole and absolute discretion. Unless IIHS and you execute a Data License Agreement, the most current version of this Agreement will supersede all previous versions. Your use of any of the IIHS Materials after IIHS notifies you of such changes will constitute your agreement to such changes. Your only recourse if you disagree with any of the terms or conditions of this Agreement, or any changes to this Agreement, is to discontinue use of the IIHS Materials.
1. Agreement.
The terms and conditions of this Agreement shall govern your use of the IIHS Materials. No other IIHS content is governed by this Agreement.
2. Definitions.
For purposes of this Agreement, the following terms will have the indicated meanings:
- "API Key" means a unique string identifying an IIHS API user (e.g., you) that is passed to IIHS in an IIHS API request.
- "Developer Application" means any client of an IIHS API, including a website, mobile application or desktop application that uses IIHS Materials obtained from the IIHS API.
- "Developer," "you," and "your" mean the individual who completed and submitted an application for an API Key, together with any company or other entity named in the application for an API Key.
- "End Users" means the individuals who view and/or use the Developer Site and/or the Developer Application.
- "HLDI" means the Highway Loss Data Institute.
- "IIHS-HLDI API" means a set of XML/HTTP(s)-based services providing programmatic access to other IIHS Materials.
- "IIHS Data" means the data, ratings, photographs, URLs, video and other materials provided by IIHS through the IIHS API, and may include content prepared by HLDI.
- "IIHS Links" means web page URLs provided by IIHS though an IIHS API.
- "IIHS Marks" means IIHS' trademarks, trade names, service marks and logos in the IIHS Data or this Agreement.
- "IIHS Materials" means the IIHS API, IIHS Marks and IIHS Data.
- "IIHS Rating" means the collection of ratings given by IIHS to a single model year vehicle in a single test mode. Typically an IIHS Rating consists of a single overall rating value for the test mode, and an optional set of component rating values that show the performance of the vehicle in key areas related to the test mode. For front crash prevention tests, the overall rating values of superior, advanced, and basic are based on a cumulative points scale of the component rating values. The rating values for all other IIHS test modes are good, acceptable, marginal, or poor.
- "IIHS Website" means the website located at http://www.iihs.org.
3. Application for access to the IIHS API.
To apply, you must complete the online registration process and receive an API Key. Once created, your account may be cancelled by IIHS for any reason whatsoever, at the sole discretion of IIHS, including but not limited to a determination that you or the Developer Application is in violation of this Agreement.
IIHS reserves the right to change the contents of the IIHS Materials including, but not limited to, excluding categories from the IIHS Data from time to time in its sole discretion without notice to you. IIHS also reserves the right to modify the functionality of any the IIHS API at any time.
4. Limited License; Ownership by IIHS.
4.1 License.
On the terms and subject to the conditions set forth in this Agreement, and conditioned on IIHS' acceptance of your application for an API Key, IIHS grants you a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, royalty-free license during the Term to use the IIHS API to access and download a copy of the IIHS Data and IIHS Marks to, and store the IIHS Data and the IIHS Marks in, the Developer Application. IIHS grants this license only for purposes of academic research, internal analysis, or displaying the IIHS Data and the IIHS Marks for consumer-facing applications through the Developer Application, all in accordance with the terms of this Agreement (the "License"). The provisions of this Agreement will be applicable to all updates, revisions or substitutions of the IIHS Materials, and any copies of the IIHS Materials made by or for you. All rights not expressly granted to you are reserved by IIHS. The License is subject to the condition that the Developer Application does not contain or directly link to any objectionable material, as determined by IIHS in its sole discretion, but which includes pornography, obscene language, other obscene content, support for violent or hate groups, and content that is abusive, illegal, hateful, harmful, harassing, or discriminatory.
4.2 Ownership.
You acknowledge that, as between you and IIHS, IIHS now and at all times hereafter is the owner of all right, title and interest in and to all IIHS Materials; and that you receive and acquire no licenses with respect to any IIHS Materials except as expressly granted in this Agreement. You agree that you will not assert any copyright, trademark or other intellectual property ownership or other proprietary rights in or to any IIHS Materials, or any part of these items or in any derivative work of these items. Except for the right to use the IIHS Materials as set forth in this Agreement, nothing contained in this Agreement shall be construed to grant you any right, title or interest in or to any intellectual property of IIHS, and you are prohibited from making any use thereof of any nature except as expressly authorized in this Agreement. You agree that you will not adopt, use or attempt to register any trademarks or trade names that are confusingly similar to the IIHS Marks or in such a way as to create combination marks.
4.3 Use of IIHS Marks.
Under no circumstances may you use any IIHS Marks for any purpose other than identifying the source of IIHS Data in the Developer Application in accordance with this Agreement.
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You may not:
- Change, alter or modify in any way, except to resize, the IIHS Marks — including colors, language, appearance or animations.
- Display any IIHS Marks in the Developer Application in a size that is larger, or in any other manner that is more prominent, than the display of your own name and branding.
- Use the IIHS Marks to suggest that IIHS is responsible for, or endorses or recommends, the Developer Application's content, design, language or topic.
5. Display of IIHS Data.
5.1 Prohibitions.
Under no circumstance may you use IIHS Data to create new, modified, or combined crash test results. Under no circumstance may you display, recommend, or suggest the comparison of IIHS moderate overlap front ratings, IIHS small overlap front ratings, IIHS rear ratings, IIHS TOP SAFETY PICK+ winners, or IIHS TOP SAFETY PICK winners from different vehicle size classes as listed on the IIHS website.
5.2 Restrictions
IIHS Data may include more than one IIHS Rating within a model year and/or information that limits the vehicle variants (e.g. built date, side airbag configuration, front crash prevention system, headlight type) to which an IIHS Rating may be applied within a model year. As such, when displaying IIHS Data, you agree to display:
- For one or more test modes, either the overall rating value alone, or together with all component rating values for a single IIHS Rating.
- For one or more test modes of a single model year vehicle, the primary IIHS Rating, as indicated in the IIHS Data, first.
- For updated front moderate overlap IIHS Ratings, the term “updated” or equivalent language.
- For updated side IIHS Rating, the term “updated” or equivalent language.
- For model year 2024 and beyond, the higher overall rating for a vehicle’s front small overlap IIHS Rating or front small overlap passenger IIHS Rating, and the term “incomplete” or equivalent language, if indicated in the IIHS data.
- For front small overlap IIHS Ratings before model year 2024, the term "driver-side" or equivalent language.
- For front small overlap passenger IIHS Ratings before model year 2024, the term "passenger-side" or equivalent language.
- For vehicle-to-pedestrian front crash prevention IIHS Ratings other than nighttime ratings before model year 2024, the term “day” or equivalent language.
- For nighttime vehicle-to-pedestrian front crash prevention IIHS Ratings before model year 2024, the term “night” or equivalent language.
- For IIHS Top Safety Pick winners, the indicated award year and IIHS' name or logo in front of "Top Safety Pick," or either of the indicated award year's IIHS Top Safety Pick logo images, for only the specific vehicle model, including and limited to the body type specified in the qualifying text, as indicated in the IIHS Data.
- For IIHS Top Safety Pick+ winners, the indicated award year and IIHS' name or logo in front of "Top Safety Pick+," or either of the indicated award year's IIHS Top Safety Pick+ logo images, for only the specific vehicle model, including and limited to the body type specified in the qualifying text, as indicated in the IIHS Data.
- The qualifying text, if any, and built date, if any, associated with an IIHS TOP SAFETY PICK winner or an IIHS TOP SAFETY PICK+ winner.
- The qualifying text, if any, associated with a single IIHS Rating.
- The following text: "Ratings only apply to the model tested. Date of manufacture and optional safety equipment can affect results. For full details see www.iihs.org." or equivalent language.
And you are encouraged to display:
- Built date(s), if any, associated with an IIHS Rating.
- For side IIHS Ratings, the side airbag configuration indicated in the IIHS Data, unless the IIHS Data indicates that side airbags are standard equipment or are unavailable on the displayed vehicle model.
- For rollover IIHS Ratings, any note of explanation or equivalent language indicated in the IIHS Data.
- For rear IIHS Ratings, the tested seat type as indicated in the IIHS Data.
- For vehicle-to-vehicle and/or vehicle-to-pedestrian front crash prevention IIHS Ratings, the autobrake system and/or package tested as indicated in the IIHS Data
- For headlight IIHS Ratings, the trim level(s) and optional package name to which the rating applies, the headlight type, and the availability of curve-adaptive and/or high-beam assist features as indicated in the IIHS Data.
- The tested vehicle as indicated in the IIHS Data.
- A link to the vehicle's rating(s) on the IIHS Website.
An example of how you may apply these requirements to IIHS Data is described in the Documentation section of the IIHS API.
5.3 Corrections.
You agree to make corrections to the display of IIHS Material in the Developer Application promptly upon IIHS notification.
6. Attribution.
You agree to attribute the source of the IIHS Materials as the Insurance Institute for Highway Safety or IIHS (e.g. IIHS TOP SAFETY PICK) in the Developer Application. You may use The Insurance Institute for Highway Safety logo as attribution for the source of the IIHS Materials.
7. Certain Developer Representations and Warranties.
You represent and warrant that you have full power and authority to enter into this Agreement and that, as of the time you accept this Agreement and for the duration of your use of the IIHS Materials:
7.1 You are in compliance with all applicable laws, rules and regulations, if any, related to the performance of your obligations under this Agreement and the operation of the Developer Application;
7.2 You control all of the development, maintenance and operation of the Developer Application;
7.3 All content and materials in the Developer Application are owned or validly licensed for use by you or are in the public domain;
7.4 None of the content in the Developer Application is defamatory, constitutes obscenity, or violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy or publicity;
7.5 None of the content and materials in the Developer Application constitutes or results in any consumer fraud, product liability, breach of contract to which you are a party or which cause injury to any third party; and
7.6 The Developer Application is not an incentive-based application, such as a lottery or sweepstakes website which rewards End Users for clicking on links.
8. Certain Developer Covenants.
You acknowledge and agree that:
8.1 Access to the IIHS API and other IIHS Materials shall be solely for use in the Developer Application for the purpose stated in your application for an API Key. You shall not distribute or display the IIHS Materials through any other website or means, whether under Developer's ownership and control or otherwise.
8.2 You will comply with each and every display requirement set forth in this Agreement.
8.3 IIHS may restrict the amount of data downloaded from queries submitted through the IIHS API by you, the Developer Application.
8.4 You must identify the Insurance Institute for Highway Safety or IIHS in the user interface of the Developer Application where you display IIHS Data.
8.5 You will not include the rel="nofollow" attribute value when rendering hyperlinks to IIHS Data returned by an IIHS API.
8.6 No substitution shall be made for page URLs included in the IIHS Materials, and the IIHS Links shall convey End Users directly to such page URLs within the same browser window and without any framing, redirection (with the exception of redirection through a tracking system), or interstitial advertising (including pop-up or pop-under ads).
8.7 You will not distribute or display to any third party (other than to End Users as contemplated in this Agreement), alter or modify in any fashion, any IIHS Materials, any metadata or any link; you will not, in connection with any display of any item of IIHS Materials that relates to a vehicle, make any factual misrepresentation with respect to such item or the vehicle to which it pertains.
8.8 You will not display the name, logo, trademark or other identifier of another person (except IIHS or you) in the Developer Application in such a manner as to give End Users the impression that such other person is a source, publisher or distributor of the IIHS Materials.
8.9 You will not sublicense (except as expressly provided herein), sell, lease, share, transfer, or make any other use of any IIHS Materials (including "service bureau" use), whether for direct commercial or monetary gain or otherwise, without IIHS' prior, express, written permission. Notwithstanding the foregoing, you may sublicense any IIHS Materials to a subcontractor for the limited purpose of integrating the IIHS Materials (other than the IIHS API) into the Developer Application (the "Limited Purpose") on the conditions that (a) such subcontractor is otherwise subject to the terms of this Agreement, and (b) IIHS has the right to enforce the Limited Purpose and the terms of this Agreement directly against such subcontractor.
8.10 You will not use any IIHS Materials in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/ descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories.
8.11 You will ensure that the display of the IIHS Materials in the Developer Application does not suggest that IIHS promotes or endorses you or any third party or the causes, ideas, websites, products or services of you or any third party.
9. Infringement and Indemnification.
9.1 IIHS Indemnity.
Subject to the exclusions stated in Section 9.3, IIHS shall indemnify and defend you against all damages (excluding consequential damages) awarded by a court or by binding arbitration, or agreed upon by IIHS in settlement, as a result of any claim that the IIHS Materials used by you in accordance with this Agreement infringe a U.S. copyright of a third party, subject to the following: (a) You shall promptly notify IIHS in writing of any claim of which you have notice that any IIHS Materials infringe a U.S. copyright of any third party; (b) You shall not make any admissions and/or statements without IIHS's prior written consent; (c) You shall have the right to employ separate counsel and participate in the defense of any such claim or action at your own expense; (d) You may not settle any claim or action under this Section 9.1 without first obtaining written permission from IIHS, which permission will not be unreasonably withheld or delayed; and (e) You shall provide IIHS all reasonable assistance requested by IIHS.
9.2 Additional Obligations.
Subject to the exclusions stated in Section 9.3, in the event of a determination that the IIHS Materials or your use of the IIHS Materials in accordance with the terms of this Agreement infringes a proprietary right of any third party, IIHS shall have the option, at its own expense, to: (a) obtain for you the right to continue using the infringing item; (b) replace the infringing item or modify it so that it becomes non-infringing; (c) require you to cease using the infringing item; or (d) terminate this Agreement.
9.3 Exclusions.
IIHS shall not be liable for any alleged infringement based upon modification of the IIHS Materials by anyone other than IIHS or use of the IIHS Materials in combination with other products or service, if such claim would have been avoided but for such modification or combination.
9.4 Your Indemnity.
You shall indemnify and defend IIHS and HLDI and their respective directors, officers, employees, agents and assigns against all damages (excluding consequential damages) awarded by a court or by binding arbitration, or agreed upon by you in settlement, as a result of any claim arising from or in connection with any breach of any of the covenants, representations and warranties given by you in this Agreement or your performance or failure to perform any of your obligations under this Agreement, subject to the following: (a) IIHS shall promptly notify you in writing of any claim to which your indemnification obligation applies of which IIHS or HLDI has notice; (b) Neither IIHS nor HLDI shall make any admissions and/or statements without your prior written consent; (c) IIHS and HLDI shall have the right to employ separate counsel and participate in the defense of any such claim or action at their own expense; (d) Neither IIHS nor HLDI may settle any claim or action under this Section 9.4 without first obtaining written permission from you, which permission will not be unreasonably withheld or delayed; and (e) IIHS and HLDI shall provide all reasonable assistance requested by you.
10. Notices.
All notices shall be in writing and shall be deemed to be delivered when sent electronically. Notices from you to IIHS must be sent either to the email address from which you received an API Key, or to your IIHS API contact. Notices from IIHS to you will be sent to the email address provided in your application for an API Key.
11. Disclaimer of Warranties.
IIHS, on its own behalf and on behalf of HLDI, expressly disclaims any and all warranties of any kind or nature, whether express, implied or statutory, relating to the iihs materials, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.
In addition, neither IIHS nor HLDI makes any representation or warranty that the IIHS Links, the operation of the IIHS Website, or the IIHS API will be uninterrupted or error-free, and IIHS will not be liable for the consequences of any interruptions or errors.
12. Limitation of Liability.
In no event will either IIHS or HLDI be liable to you, or will you be liable to IIHS or HLDI for loss of profits, business, use or data or for any special, indirect, incidental, consequential or punitive damages of any kind or arising out of or in connection with this agreement, whether such liability is asserted on the basis of contract, tort (including negligence and strict liability) or otherwise, even if a party has been advised of the possibility of such damages. In no event shall the liability of IIHS or HLDI hereunder arising out of or in connection with this agreement, whether such liability is asserted on the basis of contract, tort (including negligence and strict liability) or otherwise, exceed five hundred dollars during any twelve consecutive month period beginning on the comnmencement date of the term or on any anniversary of the commencement date during the term. The parties acknowledge and agree that the disclaimer of warranties and limitation of liability provisions properly and fairly allocate between the parties the risks arising under this agreement.
13. Term and Termination.
13.1 Term.
The term of this Agreement (the "Term") shall commence on the date an API Key is provided to you by IIHS and shall continue until terminated by either party. Either party may terminate the Term by giving notice of such termination to the party, and such termination may be for any for any reason the terminating party elects (for example, IIHS may designate such termination as being for breach of this Agreement by Developer), or for no reason other than the terminating party's convenience. A termination by IIHS of Developer's access to the API shall be deemed a termination of the Term by IIHS, and the complete discontinuation of the use of the IIHS API and IIHS Materials by you shall be deemed a termination of the Term by you.
13.2 Effect of Termination.
Upon the termination of the Term for any reason, the License shall terminate immediately, IIHS shall terminate access to the IIHS Materials, and if not already done you shall immediately cease use of the IIHS Materials. All of the provisions of this Agreement other than the License shall survive the termination of the Term.
14. Miscellaneous.
14.1 Assignment.
Only IIHS may assign its rights or delegate its obligations under this Agreement. You may not assign this Agreement or any of your rights or delegate any of your obligations, and any purported assignment or delegation by you shall be void and without force or effect.
14.2 No Third Party Beneficiaries.
With the exception of the rights and obligations of HLDI, all rights and obligations of the parties hereunder are personal to them. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party other than HLDI.
14.3 Publicity.
Other than as otherwise specifically permitted by this Agreement, you may not create, publish, or distribute any item (e.g. press release) that references IIHS without first submitting those items to IIHS for approval and receiving IIHS's written consent.
14.4 Governing Law; Venue.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You agree that, unless expressly waived by IIHS or IIHS brings an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of any IIHS Materials shall be in the state or federal courts of the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
14.5 Legal Fees.
If any dispute arises between the parties with respect to the matters covered by this Agreement which leads to a proceeding to resolve such dispute, the prevailing party in such proceeding shall be entitled to receive its reasonable attorneys' fees, expert witness fees and out-of-pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded.
14.6 Independent Contractors.
The parties are independent contractors. This Agreement shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
14.7 Entire Agreement.
Unless IIHS and you execute a Data License Agreement, this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Unless IIHS and you execute a Data License Agreement, this Agreement supersedes, and the terms of this Agreement govern, any other prior or collateral agreements with respect to the subject matter hereof.
14.8 Severability.
If any provision of this Agreement shall be held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.
14.9 Section Headings.
The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.