WE ASK THAT YOU CAREFULLY REVIEW THESE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION CLAUSES AND OTHER USE RESTRICTIONS OUTLINED BELOW, BEFORE USING, ACCESSING, POSTING, OR PURCHASING ANY ITEM ON WWW.RAFYTRADING.COM, THE RAFY TRADING VEHICLE SEARCH APPLICATION, OR ANY OTHER AFFILIATED WEBSITE OR MOBILE APPLICATION THAT LINKS TO AND UTILIZES THESE TERMS (COLLECTIVELY REFERRED TO AS THE “SITE”).
Please note that these terms include an agreement to arbitration and a class action waiver, which means you are giving up your right to a court hearing or jury trial, as well as your right to participate in class action litigation. Arbitration is mandatory and serves as the exclusive remedy for any and all disputes unless specified otherwise below. We encourage you to carefully review the dispute resolution section.
WE STRONGLY URGE YOU TO READ THESE TERMS AND CONDITIONS IN FULL BEFORE USING OR ACCESSING ANY CONTENT OR PURCHASING ANY MEMBERSHIP PLAN ON OR THROUGH THE SITE. BY USING THE SITE OR MAKING ANY PURCHASE, YOU ARE INDICATING YOUR FULL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW OR OTHERWISE CONTAINED HEREIN. IF YOU DO NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, PROVIDE ANY INFORMATION TO, OR PURCHASE ANY ITEMS ON THE SITE!
I. Purchase of API Integration.
If you are purchasing API integration through the RafyTrading site as an employee, representative, or agent of a motor vehicle dealership, manufacturer, or other business entity, you acknowledge and agree to be bound by these terms. You are purchasing RafyTrading Data or RafyTrading Reports (“Reports”) in wholesale quantities for use or resale. As such, your use of these Reports must strictly adhere to the following guidelines. RafyTrading does not make any representations regarding the quantity, quality, or sufficiency of Reports provided. All purchases are final; Reports are non-cancellable, and fees paid are non-refundable. You are only authorized to use Reports that have been fully paid for.
II. Authorized Use and Purpose of Reports.
You are granted a limited, revocable, non-transferable, non-exclusive license to access and use the Reports exclusively for your business purposes, which include acquiring or potentially acquiring used vehicles primarily for retail sale (“Permitted Use”).
III. Restrictions on Access and Use.
You agree not to:
You also agree not to provide Reports or derived data, in whole or part, to any competitor of RafyTrading. Systematic access or retrieval of Reports through methods such as “bots” or “spiders” is strictly prohibited. If you share a Report, you agree not to:
IV. Reports Compliance.
It is your responsibility to familiarize yourself with and comply with all applicable laws and regulations regarding the receipt, use, storage, and protection of consumer data provided to you. You agree to implement reasonable physical, electronic, and procedural safeguards to prevent unauthorized access, use, or disclosure of consumer data, restricting access solely to those purposes for which the data was disclosed.
V. Disclaimers; Limited Liability.
You acknowledge that RafyTrading gathers data from public records and other sources, and this data may contain errors or omissions. RafyTrading does not guarantee the accuracy or completeness of the Site or the Reports, and it will not be liable for any loss or injury caused by the procurement, collection, interpretation, or availability of the data. You understand that not all information may be available for every state, and there may be delays in updating Reports. The Site does not assess the condition of any vehicle, and you assume full responsibility for decisions and transactions based on the data provided.
RAFYTRADING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RafyTrading’s liability for any damages, regardless of the legal basis, will not exceed the amount paid by you for the individual Report. In connection with the RafyTrading API Service, you understand that RafyTrading provides Report information “AS IS” and “AS AVAILABLE” and does not assume liability for the accuracy, completeness, or compliance of the inventory information provided through the API Service.