The Kifaroo.com website (the Site) is owned, operated and hosted by Kifaroo.com, LLC. The following are our Terms of Service which forms a legally binding agreement between you and Kifaroo.com.
Kifaroo.com appreciates user privacy. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of the Service Agreement. By accessing and using the Site, You acknowledge that You have read, understood and agree to be bound by the Service Agreement and the terms of the Privacy Policy. If you are not in full agreement of the terms established herein, You are not authorized to use the services of Kifaroo.com.
The Site may change the terms of this Service Agreement as deemed necessary to react to changes in Web environment. Any changes to the Service Agreement are effective immediately. Your continued use of the Site binds you to the terms of the agreement, as modified.
The materials and features on the Site are intended for informational purposes only. Any transactions taking place as a result of materials displayed on the Site are entirely independent of the Site in fact and appearance. Kifaroo.com does not sell vehicles under the Kifaroo.com brand and cannot guarantee the performance, condition, or information of any vehicles, goods or services.
The ability to gain access to certain Site features requires the creation of a user account. If You opt to register for an account, You agree to the following: (1) provide true, accurate and complete information about Yourself as outlined by the registration form; and (2) maintain and update personal information to keep it true, accurate, current and complete as permitted through the functionality of the Website. If Kifaroo.com has reasonable grounds to suspect that the information You provided on the registration form or otherwise is untrue, inaccurate or incomplete or your use of the Site is improper, all as determined by Kifaroo.com in its sole discretion, Kifaroo.com may suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof). You are responsible for all use of your Account under any user name or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Service Agreement. You will be responsible for protecting the confidentiality of Your password. You acknowledge and agree that Kifaroo.com may send You information and notices regarding Your account and the Website by e-mail, phone calls (if you opted in to receive this service) or other means based on the information You provided. You acknowledge and agree that Kifaroo.com will have no liability associated with or arising from Your failure to maintain accurate information about Yourself, including, but not limited to, Your failure to receive important information and updates about the Site.
All information and content available on this Site (collectively referred to as Content) is protected by copyright and other intellectual property laws. The Content is owned by Kifaroo.com, its Affiliates, and/or their respective licensors and third party providers (collectively, "Licensors"). The Content is intended for personal and non-commercial use only. While You may interact with or download a single copy of any portion of the Content for your personal and non-commercial purposes or information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise utilize any portion of the Content in any other way or for any other purpose without the prior written consent of Kifaroo.com. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to service@kifaroo.com.
The Content and features on the Site are provided for informational purposes, only. Kifaroo.com is an information service and distributor of Content, not a Dealer or Seller of vehicles, or provider of auto financing or insurance. Kifaroo.com provides an on-line outlet for its users to obtain automobile pricing and features information from participating Dealers and independent Sellers and related services through other third party service providers. Kifaroo.com does not engage in actual sales transactions and has no control over the quality or safety of the vehicles displayed on the Site, nor the truth or accuracy of the vehicle descriptions (including condition or installed options or equipment), nor the actual availability of any specific vehicle listed. The prices of the vehicles are estimates based on information provided by the Dealer or Seller and may exclude items such as state and/or local taxes, any state and local governmental charges, registration, license and title fees, documentary fees, emissions certification fees and any additional accessories not specifically identified. On occasion, unintentional, but material, errors may occur in the posting of the condition, pricing data or warranty information that forms the basis of such quotes or other information about a specific vehicle furnished through the Site. Because Kifaroo.com is only a distributor of Content, in the event of any type of dispute over a vehicle listed on the Site, You agree that any reliance on Content provided on the Site is at Your own risk, and unconditionally release Kifaroo.com, its affiliated companies, and each of their respective Members, employees, agents, service providers, content providers and licensors (the Kifaroo.com Members) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle, as a Dealer or Seller is not prohibited from independently negotiating all of the terms and conditions of the final sale or lease. Any terms, conditions, warranties or representations in a written contract with the Dealer or Seller are legally binding upon You, and not Kifaroo.com, which is not a party to the purchase or lease and makes no representations or warranties, implied or otherwise, with respect to any vehicles, including, without limitation, the condition of vehicles listed on the Site.
When You offer a vehicle for sale through Kifaroo.com, You must be prepared to sell said vehicle at the price at which, and the terms on which, You have listed it. You must have physical and legal possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on Kifaroo.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on Kifaroo.com, nor may you use the Site to promote, without our prior written permission, any other website, product or service. You may not advertise more than one (1) vehicle per paid advertisement. For this reasons, you will not be able to edit a vehicle's make, model, year or VIN once the ad is posted on the Site. To ensure the accuracy of the posting, please review all information fields before submitting Your ad.
Responsibility for the information contained in each posting belongs to each seller. You alone are responsible for material You post and for the content of all e-mail messages transmitted through the Site. Kifaroo.com believes in honest and accurate postings to ensure the highest quality browsing and purchasing experience.
Kifaroo.com reserves the right to perform quality assurance tests over the vehicle postings to verify that vehicles posted for sale are readily available to be sold at the prices and terms for which they are advertised. By using the sales feature on Kifaroo.com you agree to fully cooperate in our quality assurance testing. If it is deemed unfair or deceptive vehicle sales methods are being used, Kifaroo.com can deny that seller use of the sales feature of the Site.
In addition, by placing a vehicle for sale, You agree to pay the fees specified in the signed user contract, regardless of whether the posted vehicle sells as a result of being on Kifaroo.com.
Kifaroo.com may contain Content, advertising and information about third party products and services, and links to other third party websites, products and services that are not controlled or maintained by the Site. You agree that Kifaroo.com is not responsible for such Content, advertising, information, privacy policies, products, services, or other materials on the Website or available from such linked websites. Kifaroo.com's inclusion of such Content at the Site and links to such websites does not imply any endorsement of the Content or materials on such websites. Use of any products and services advertised or promoted on the Site and the websites linked to the Site is at Your own risk. Kifaroo.com encourages users to note when You leave the Website and to read the terms of use of such other websites.
With respect to most of the Content available at the Site, Kifaroo.com is a distributor (and not a publisher) of such Content since the Content is supplied by third parties. Accordingly, Kifaroo.com has no specific editorial control over such and limits our involvement to removing sellers and/or postings that are in conflict of the Service Agreement. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, are those of the respective content providers and not of Kifaroo.com. Neither Kifaroo.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.
Kifaroo.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Under no circumstance will Kifaroo.com be liable for any loss or damage caused by any user's reliance on information obtained through the Website. It is the responsibility of each Website user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through the Website.
Kifaroo.com welcomes and encourages the use of User Submitted Content (User Content) as it relates to the sale of posted vehicles. Kifaroo.com may permit written, photographic or video materials to be posted by You and other users. In order to upload media to the Site, You must be a legal resident of the United States of America or the District of Columbia who is of legal age of majority in Your jurisdiction of residence (and at least 18 years of age). Kifaroo.com cannot guarantee any confidentiality with respect to Content submitted to the Site.
All submissions to the Site must adhere to the following minimum requirements: (1) does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance; (2) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another; (3) does not promote any activities that may appear unsafe or dangerous; (4) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (5) does not contain copyrighted materials or trademarks, logos, or trade dress owned by others; and (6) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead without prior written consent by the respective parties.
You agree not to: (1) use the Site, the Content (including, without limitation, the User Submissions), or any products or services included on or available through the Site for any unlawful purpose; (2) restrict or inhibit any other user in any way from using and enjoying the Site for its intended purpose, including hacking or defacing any portion of the Website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (3) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (4) impersonate any other person or entity, or misrepresent Your affiliation with any other person or entity; or (5) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content on the Website. You agree not to solicit, for commercial purposes, any users of the Website with respect to any User Submissions.
Kifaroo.com may reject any user submitted media that is deemed not to meet any of the criteria set forth above. Also, Kifaroo.com reserves the right not to accept any User Content for any reason, or no reason at all, in its sole discretion, including but not limited to a determination by that the User Content is appropriate for the Site. Kifaroo.com will not advise You as to the reason why Your User Content has not been accepted. Kifaroo.com may elect to post user submissions that Kifaroo.com believes do not violate the intent or purpose of the Service Agreement and/or other otherwise make use of user submissions as provided under these guidelines. Kifaroo.com reserves the right, but implies no duty, to review, edit, move or delete any material (including, without limitation, the User Content) provided for display or placed on the Site, at Kifaroo.com's sole discretion.
If You submit User Content to the Site, You hereby grant to Kifaroo.com and its designee a perpetual, irrevocable, non-exclusive, fully-paid up, royalty free, sub-licensable and transferable license to use the User Content for all purposes, in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from You or any third party. For example, the above license grant permits Kifaroo.com and its designees to use all or only certain portions of Your User Content, modify any audio tracks or visual images You provide, and/or incorporate other materials, either created by Kifaroo.com or licensed from others, with Your User Content. If Kifaroo.com creates other works using Your User Content, those works will be owned by Kifaroo.com and may be used in accordance with the terms established above, and shall not be subject to Your further approval or give rise to any obligation on the part of Kifaroo.com to account to you or pay you for use. You also hereby grant each user of the Site a non-exclusive license to access Your User Content through the Site, and to display and perform such User Content as permitted through the functionality of the Site and under the Service Agreement. You will not have any claim against us with respect to such use of the User Content, and to the extent, a claim is made against us or any of our licensees by any third party with respect to the User Content, You agree to indemnify and hold Kifaroo.com and its Members harmless with respect to any such claims, including, without limitation, attorneys' costs and expenses incurred in connection therewith. You may request removal of User Content that has been posted on the Site by following the "Posting Removal Procedure" below. After receipt of Your request for removal, Kifaroo.com will endeavor to remove the User Content; however, Kifaroo.com will have no liability to You or anyone else resulting from our failure or refusal to remove the requested User Content. If it is determined that You have, at any time, violated any of the foregoing provisions, You may thereafter be barred from submitting or posting any further material on the Website or using or accessing our interactive communication tools, and Kifaroo.com may pursue any remedies available under the Terms of Use or at law.
When You submit User Content, You understand that Kifaroo.com will have the right, but not the obligation, to use, display and publish Your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the World in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by Kifaroo.com and its related entities. If Kifaroo.com makes use of any of the foregoing rights, You understand and agree that You shall not receive any other consideration, or payment, notification or credit, nor will You have any approval over how Kifaroo.com uses the foregoing rights.
Kifaroo.com cooperates with any law enforcement authorities and complies with any judicial order requesting or directing Kifaroo.com to disclose any information we have about the identity of anyone uploading, downloading, or posting content, or otherwise using the Site in violation of any applicable Federal, State, or local laws. Kifaroo.com respects the intellectual property of others. If You believe that Your work has been copied in any way without Your permission (including the use of Your submitted User Content), please provide the following information to our office to receive notification of claimed copyright Infringement identified below. Your notice must contain the following:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work You claim has been infringed;
A description of the work You claim has been infringed;
Identification of the work You claim infringes the copyrighted work and a description of where it is located on the Website;
Your address, telephone number and email address;
A statement by You that You have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
A statement by You, under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Send all claims of copyright infringement to service@kifaroo.com
Kifaroo.com reserves the right, at any time and from time to time, to discontinue, temporarily or permanently, the acceptance of User Content and/or Your ability to access User Content with or without notice in its sole discretion. You agree that Kifaroo.com shall not be liable to You or to any third party for any suspension or discontinuance of acceptance of User Content.
The Site is for your personal use and enjoyment. The right to use the Website is not transferable to any other person or entity. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate Content received through the Site to anyone, including but not limited to others in the same company or organization without Kifaroo.com's express prior written consent. You also agree that You will not interfere or attempt to interfere with the proper operational performance of the Site, including attempting to access data not intended for you or for which you are not authorized to access; attempting to probe, scan or test vulnerabilities to breach security; attempting to interfere with the Website by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming, mail bombing, or attempting to overload or crash the Website; or by taking any action that may impose an unreasonable or disproportionately large load on the infrastructure supporting the Website.
Users are free to post links to Kifaroo.com so long as the link does not imply sponsorship of You, Your Site or any other means by Kifaroo.com. In addition, in no situations, without prior written permission, may You incorporate the Site's content (or the content of our Licensors) into another website or related media.
All Content on or available through the Site (including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Site) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Kifaroo.com or by other parties that have licensed or otherwise provided their materials to Kifaroo.com.
Specific Content available on the Website for Your use is Content owned and developed by Kifaroo.com or under license to Kifaroo.com by Licensors. You are hereby granted a license to use, display, perform, re-distribute and otherwise exploit the Kifaroo.com Content, solely to the extent permitted hereunder, which license is granted on a royalty-free, revocable, non-sublicensable, non-transferable and non-exclusive basis that is implied upon your compliance with the following restrictions and such other terms set forth in the Service Agreement. You may not alter or edit the Kifaroo.com Content, or combine the Kifaroo.com Content with other materials in any way. You may not offer or impose any terms on the Kifaroo.com Content that alter or restrict the terms of the License or the Service Agreement. You may not sublicense, assign or sell the Kifaroo.com Content or similar User Content. You must keep intact all notices that refer to the License and to any disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Kifaroo.com Content with any technological measures that control access or use of the Kifaroo.com Content in a manner inconsistent with the terms of the License or the Service Agreement.
In addition to Kifaroo.com specific content, certain of the other available Content on the Site (including User Content as defined above) are materials uploaded to the Site by third parties. You acknowledge and agree that the User Content made available will be for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Website, none of the User Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity. Any rights not expressly granted in the Service Agreement are retained by Kifaroo.com or its respective licensors.
You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of Kifaroo.com or its Memebers, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners in which You likewise have no rights. All rights not granted herein are hereby expressly reserved by Kifaroo.com and its licensors.
Kifaroo.com will continue to utilize and implement the fastest and most unique ways to search for and display vehicles. Kifaroo.com may, at its own discretion, change the layout, appearance or functionality of the Site without prior notice. All coding used in the development of the site is protected Intellectual Property and is for use by Kifaroo.com for any legal purposes. You many not use the Kifaroo.com Site features, coding or any other patented or trademarked features for Your own personal or business use.
None of the vehicles listed on the Site are offered by Kifaroo.com nor does Kifaroo.com offer express or implied warranties on any vehicle. Vehicles displayed for sale on the Site should be assumed to be sold with or without warranty from the Dealer or Seller. Unless stated otherwise, all vehicles should be assumed to be sold "as-is", with all faults and without warranty, express or implied. All express or implied representations regarding a vehicle are that of the dealer or seller and not Kifaroo.com. The Dealer or Seller is solely responsible for ensuring each vehicle meets minimum State and Federal standards applicable for the model and year of vehicle prior to its sale, including all local, State and Federal emissions and safety standards applicable for the model and year of vehicle.
Kifaroo.com does not guarantee the availability or the prices of posted vehicles. All vehicle descriptions (including make, model, year, mileage, features and any other vehicle specific information) and prices provided to You either on the Site or via separate contact following Your submission of a purchase request are made by the participating Dealer or Seller possessing the desired vehicle and not by Kifaroo.com. All vehicle prices and descriptions listed as available on the Site are established and electronically placed there by the participating Dealer or Seller who owns the respective vehicle. All vehicles are subject to prior sale and may not be available when Your request is processed. All prices and terms are believed to be accurate on the date of publication and may fluctuate over time. All data fields and information used in our search tools for selecting vehicle information, selecting options, determining pricing, invoice or incentives on the Site are supplied by third party vendors for informational and educational purposes only and are not intended to be binding on Kifaroo.com. It is the Dealer's and Seller's responsibility to verify all information for all vehicles posted to Kifaroo.com prior to uploading to the Site. All tools appearing on the Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. Kifaroo.com will attempt to locate a vehicle based on your request by searching through inventories posted by participating Dealers and individual postings by private Sellers. All vehicles are subject to availability and final pricing from the Dealer or Seller. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of Kifaroo.com and should be directed to the Dealer or Seller responsible for providing the information. Kifaroo.com does not guarantee, either expressly or by implication, that each user will find a vehicle that meets Your specifications. Vehicles displayed are those which are posted from Dealers or Sellers given the specific search criteria entered by the user. If no results are available given the specific information selected, the vehicle is not available in the selected criteria range.
You expressly agree that YOUR use of the Website is at your own risk. No Kifaroo.com Party makes any representations or warranties of any kind regarding the Site, THE Content or the results that may be obtained from use of the Site. Kifaroo.com and/or its content and service providers make no representations about the suitability of the Content, software, products and services available on the Website for any purpose. All such Content, software, products and services are provided on an "as-is" and "as available" basis, without warranty of any kind. Vehix and/or its content and service providers hereby disclaim all warranties and conditions with regard to such Content, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the foregoing, the Content, software, products and services distributed on or through the Site may include inaccuracies or typographical errors. In addition, changes are periodically made to the Content, software, products and services.
In no event shall Kifaroo.com and/or its content or service providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Website, or for any Content, software, products and services obtained through the Site, or otherwise arising out of Your use of the Site, whether based on contract, tort, strict liability or otherwise, even if Kifaroo.com or any of its content or service providers has been advised of the possibility of damages. In NO event WILL the aggregate liability of the KiFaroo.com Parties exceed the amounts paid by You to Kifaroo.com to access the Website in the twelve (12) months prior to the claimed injury or damage.
YOU SPECIFICALLY ACKNOWLEDGE THAT KIFAROO.COM SHALL NOT BE LIABLE FOR USER CONTENT OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
Either Kifaroo.com or You may terminate the Service Agreement at any time. Without limitation of the foregoing, Kifaroo.com may immediately terminate Your account and use of the Site in the event of any of Your conduct which Kifaroo.com, in its sole and absolute discretion, considers to be unacceptable or in breach of the Service Agreement or any applicable law or regulation or which does or may tend to expose Kifaroo.com, a content or service provider or licensor to any liability. The provisions of the Service Agreement shall survive any termination of the Service Agreement for any reason, including, without limitation, indemnification obligations, disclaimers and limitations of liability.
Kifaroo.com may terminate Your access to or terminate in general any Content, features, and/or services on the Site, in whole or in part, at any time with or without notice to You.
You agree to defend, indemnify and hold any and all Kifaroo.com Parties harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from Your use of the Site and/or Your breach of any warranties, representations and agreements set forth in the Service Agreement, including, without limitation, any unauthorized use of Content (including the User Content).
The Service Agreement is governed by the laws of the State of Minnesota, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Hennepin County, Minnesota, USA, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Kifaroo.com as a result of the Service Agreement or use of the Site. Kifaroo.com's provision of the Site is subject to existing laws and legal process, and nothing contained in the Service Agreement are in derogation of Kifaroo.com's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kifaroo.com with respect to such use. If any part of the Service Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Service Agreement will continue in full force and effect. The Service Agreement constitute the entire agreement between the User and Kifaroo.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Kifaroo.com with respect to the Site. A printed version of the Service Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Service Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions regarding the Kifaroo.com Service Agreement and Kifaroo.com Privacy Policy can be sent to: service@kifaroo.com