RVI ANALYTICS TERMS OF USE
These Terms of Use (the “Terms of Use”) govern your use of the RVI Analytics website. Please read the Terms of Use carefully before using our Service. By using our Service, you accept the Terms of Use. If you do not agree to the Terms of Use, you may not access or otherwise use the Service.
As between you as the subscriber (“You”), You acknowledge that the RVI Analytics data to which You are subscribing (“RVI Analytics Data”) may be used solely for internal business purposes, or as may be outlined in a separate data license agreement between You and RVI Analytics for other uses, which such terms will expressly control (the “Service”). No partnership, joint venture, employment, distributorship or other business organization or relationship of any kind is established or intended to be established. You agree to pay all taxes, which may now or hereafter be assessed upon the subscription to, possession and/or use of the RVI Analytics Data, exclusive of taxes based on RVI Analytics’ income.
1. Changes to the Terms of Use.
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of the Terms of Use at any time, so we encourage You to review the Terms of Use periodically.
2. Privacy Policy.
Our Privacy Policy describes our practices concerning data that You provide or that we may collect or share about You through the Service, and by accepting these Terms of Use, You consent to our collection, use, and disclosure of data in compliance with our Privacy Policy.
3. Proprietary Rights.
You acknowledge that the RVI Analytics data to which You are subscribing (“RVI Analytics Data”) is confidential and proprietary data, and that RVI Analytics owns all rights, title and interest in and to the RVI Analytics Data. RVI Analytics also owns all rights, title and interest in and to the Service, all the content (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), code, data and materials thereon, the look and feel, design and organization of the Service, and the compilation of the content, code, data, and materials on the Service, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Service does not grant to You ownership of any content, code, data, or materials You may access on or through the Service.
4. Subscription.
I agree that I have selected items that are for industry qualified customers only and attest that I am an industry qualified customer.
a. Annual Charges
I understand that annual Service contains a recurring charge and will continue until cancelled as per the cancellation policy below.
b. Monthly Charges
I understand that monthly Service contains a recurring monthly charge and will continue until cancelled as per the cancellation policy below.
c. RVI Analytics Cancellation Policy
I have read and agree to RVI Analytics’ cancellation policy below.
Annual Service: Upon receipt of written notice of cancellation, if due, RVI Analytics will issue a pro-rated refund for annual Service. A refund will be processed for the remaining term of the Service period only and remaining balances for less than $50.00 will not be remitted.
Monthly Service: Upon receipt of written notice of cancellation, RVI Analytics will cease issuing invoices. No refund will be issued for monthly Service. The customer may incur charges if the notice is given after the monthly charge has occurred for the next month’s Service.
We reserve the right to issue refunds or credits at our sole discretion.
5. Limited License.
You may access and view the content of the Service on Your computer or other device, and make single copies or prints of the content on the Service at Your own risk and for Your internal use only, if You keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to Your use of the Service in general. You may not use the Service in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
6. Prohibited Use.
Any commercial or promotional distribution, publishing, or exploitation of the Service, or any content, code, data, or materials on the Service, is strictly prohibited unless You have received the express prior written permission from authorized personnel of RVI Analytics or the otherwise applicable rights holder. Other than as expressly allowed herein, You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Service. You further agree that You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Service. This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 10 below) or any other proprietary content or proprietary rights notices. If You make other use of the Service, or the content, code, data or materials thereon, except as otherwise provided above, You may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws).
7. Password Policy.
Your use of certain portions of the RVI Analytics site requires a password. As part of the registration process, You must select a user name and password and provide RVI Analytics with accurate, complete and up-to-date information. Anyone with knowledge of Your password can gain access to the restricted portions of the Site and the information available to You. Accordingly, You must keep Your password secret. By agreeing to these Terms of Use, You agree to be solely responsible for the confidentiality and use of Your respective password, as well as for any communications entered through this Site using Your password. You will also immediately notify RVI Analytics if You become aware of any loss or theft of Your Password or any unauthorized use of Your password. RVI Analytics reserves the right to delete or change a password at any time and for any reason.
8. Enforcing Security.
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, RVI Analytics reserves the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations about the investigation or prosecution of possible criminal activity on any of the Site. RVI Analytics will also comply with all court orders involving requests for such information.
9. Links to Other Websites.
RVI Analytics may provide links, in its sole discretion, to other websites on the World Wide Web for Your convenience in locating related information and services. These websites have not necessarily been reviewed by RVI Analytics and are maintained by third parties over which RVI Analytics exercises no control. RVI Analytics and its directors, officers, employees, agents, representatives, licensors and suppliers disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
10. Trademarks.
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Service or on content available through the Service are registered and unregistered Trademarks of ours and others and may only be used in accordance with the Terms of Use, provided that such use may not be likely to cause customer confusion or, in any manner, disparage, or discredit their rights holders. All Trademarks not owned by us that appear on the Service, if any, are the property of their respective owners. Nothing contained on the Service grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without our written permission or that of the third-party rights holder.
11. Indemnification.
By using the Service, You acknowledge and agree that, if it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, we may rely on Your representations and warranties contained herein. You agree to defend, indemnify, and hold RVI Analytics, its affiliates and representatives and each of their respective directors, officers, employees, and agents harmless from all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms of Use, arising in any way from Your use of the Service or Your breach or violation of the law or of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.
12. DISCLAIMER OF WARRANTIES.
The service, including, without limitation, all features, content, functions and materials provided through the service, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, displayability, accuracy, usefulness, correctness, precision, thoroughness, completeness of content or information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. we do not warrant that the service, content, functions or materials provided through the service will be timely, secure, uninterrupted or error free, or that defects will be corrected. we make no warranty that the service will meet user’s requirements. no advice, results or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein. our vehicle valuations are opinions and may vary depending on the vehicle. actual valuations are based upon market conditions and currently available information, and will vary depending on the condition of vehicle and other factors considered by dealers and oems. rvi analytics shall assume no responsibility for the accuracy of the valuations and any errors or omissions in determining the valuations. rvi analytics also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment because your access to, use of, or browsing in the service or your downloading of any materials, data, information, text, images, or other content from the service.we reserve the right to change or make corrections to any of the information provided on the service at any time and without any prior warning. we will not be liable for any inaccuracy or omission concerning any of the information provided on the service. under no circumstances does your use of the service form any relationship (other than the conractual relationship created by this terms of use), whether implied or express, with rvi analytics. rvi analytics hereby disclaims any such relationship and any liability arising as a result of its use of any content contained in the service.
13. Limitation Of Liability.
In no event, including but not limited to negligence, shall rvi analytics, any of its affiliates or representatives, or any of their respective directors, officers, employees or agents (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the service, including, but not limited to, any lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. in no event shall the protected entities be liable for or about any content transmitted, exchanged or received by or on behalf of any user or other person on or through the service. in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of use or your use of the service exceed, in the aggregate, the amount, if any, paid by you to rvi analytics for your use of the service. if you are dissatisfied with the service, your sole remedy is to discontinue using the service.
14. Applicable Laws.
We control and operate the Service from our offices in the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Termination.
We may terminate, change, suspend or discontinue any aspect of the Service (including, without limitation, content, features, or hours of availability), at any time and for any reason. We also reserve the right to transfer our business and the Service to a third party. We may restrict, suspend or terminate Your access to the Service if we believe You are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned You from the Service, You may not return to the Service for any reason or in any manner. Once You have been banned from use of the Service, You may not thereafter use the Service under a new username or identity. If You do return, or attempt to return, to the Service after You have been banned, You will be deemed to have breached these Terms of Use, and we reserve the rights to obtain reimbursement from You for any costs and expenses incurred to enforce these Terms of Use and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach. We maintain a policy to terminate the Service use privileges of users who repeatedly infringe the intellectual property rights of others (including our own).
16. Dispute Resolution.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, all disputes between You and RVI Analytics arising under or related in any way to the Terms of Use, must be resolved through binding arbitration. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to Your use of our website. YOU AGREE THAT BY ENTERING INTO THE TERMS OF USE, YOU AND RVI ANALYTICS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND RVI ANALYTICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). For any claim, the right to a hearing will be determined by the AAA rules, and the hearing (if any) will take place in the State of Connecticut. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Connecticut. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Connecticut.
The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of Connecticut, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
17. Entire Terms of Use.
The Terms of Use (including the Privacy Policy) constitutes the entire agreement between You and us regarding the use of the RVI Analytics website. Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to RVI Analytics is that of an independent contractor, and neither party is an agent or partner of the other. The Terms of Use, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without RVI Analytics’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms of Use shall be binding upon assignees.
18. Miscellaneous.
The Terms of Use, and the relationship between You and us, shall be governed by the laws of the State of Connecticut, United States of America, without regard to conflict of law provisions. With respect to any disputes or claims not subject to arbitration (as set forth in Section 16 above), You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Connecticut, Fairfield County, in the United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
19. Questions.
If You have questions about the Terms of Use, please write to us at RVI Analytics, 201 Broad Street, 6th Floor, Stamford, Connecticut 06901. Please provide your complete name, address, email and phone number.
