KBB.COM COMMUNITY PAGES & MY KBB® TERMS OF USE

Kelley Blue Book Co., Inc. ("Kelley") provides pages on its website www.kbb.com ("KBB.COM") to allow for the open discussion of and commentary related to various topics related to vehicles (the "Community Pages"). By registering with Kelley, you will be allowed to participate in the Community Pages and access and personalize your My KBB® account. By participating in any Community Pages, registering for My KBB®, or clicking a box that states that you accept or agree to these Terms of Use, you are agreeing to the terms of use set forth below. If you do not agree to these Terms of Use, you may not use the Community Pages or My KBB®.

These Terms of Use govern your use of the Community Pages, My KBB, and your registration with us. Any use of the Community Pages and/or My KBB (whether as a registered or non-registered user) by you conclusively indicates that you are at least 18 years of age and that you have reviewed and accepted these Terms of Use.

KBB.COM reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Community Pages with or without notice to you. You agree that Kelley will not be liable to you or to any third party for any modification, suspension or discontinuance of any Community Pages or My KBB account.

You are responsible for obtaining access to the Community Pages and My KBB by registering (when required to do so) through KBB.COM's registration process.

You agree that Kelley may, under some circumstances and without prior notice to you, terminate your use of and access to all or part of the Community Pages and/or My KBB. Some of the reasons for such termination may include, but not be limited to, (a) a breach or violation of these Terms of Use or other incorporated agreements or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Community Pages and/or My KBB accounts or how we choose to provide them, (d) technical or security issues or problems, and/or (e) fraudulent or illegal activities. All terminations will be made in Kelley's sole discretion and you agree that Kelley will not be liable for any termination of your use of or access to the Community Pages and/or My KBB account.

Please remember that any information you disclose in the Community Pages becomes public information and may be used by anyone viewing the Community Pages. Accordingly, you should exercise caution when deciding to disclose any personal or other information in the Community Pages. Any such disclosures and posting on the Community Pages are at your own risk.

You assume total responsibility and risk for your use of and participation in any Community Pages. You acknowledge that the content of all postings expresses the views of the author, and not of KBB.COM. You also acknowledge that your use of or reliance on the information posted by other users in this forum is at your own risk.

• WHEN USING THE COMMUNITY PAGES, YOU AGREE THAT YOU WILL NOT POST OR TRANSMIT:
  • any copyrighted material unless you own or control the copyright in and to such material;
  • material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy, otherwise objectionable content, or is otherwise in violation of any applicable law, rule or regulation;
  • material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
  • profanity in subject lines, messages or signatures;
  • any material containing viruses, trojan horses, worms, or any other disruptive or harmful component;
  • personal e-mail or chat dialogues;
  • material that breaches another's privacy, i.e. containing phone numbers, addresses or other personal information;
  • Spam, including but not limited to, junk mail, chain letters, unsolicited bulk e-mail or duplicative messages, excessive cross-postings, material that is unrelated to the forum in which it is posted;
  • materials that contain advertisements or commercial solicitations; sell access to or use of any services available on the Community Pages;
  • materials that discuss illegal activities or links to websites that deal with such activities.
• YOU FURTHER AGREE THAT WHEN USING THE COMMUNITY PAGES AND/OR MY KBB, YOU WILL NOT ATTEMPT OR DO ANY OF THE FOLLOWING:
  • interfere with or disrupt KBB.COM or the KBB.COM computer systems, servers or networks;
  • attempt to gain unauthorized access to the Community Pages, other user accounts, or computer systems or networks connected to the Community Pages, through password mining or otherwise;
  • copy, change, upload, transmit, sell, publish, commercially exploit, modify, create derivative works or distribute any content available through the Community Pages, including without limitation code and software;
  • engage in any systematic extraction of data or data fields, including without limitation e-mail addresses;
  • collect information about others without their consent;
  • interfere with the use of the Community Pages and/or My KBB by any other individual or party;
  • impersonate any person, or otherwise attempt to mislead others about your identity; or post material under secondary usernames or other aliases; or
  • share your user account name and/or password with any other person.

Without limiting any of Kelley's other rights or remedies, a violation of any of the above may result in removal of your postings, revocation of registration and/or banning your e-mail address, which would prohibit you from having any access to any or all of the Community Pages and My KBB.

You acknowledge that by participating in the Community Pages, you are granting KBB.COM the unrestricted, non-exclusive, worldwide, royalty free, perpetual, non-revocable license to display, broadcast, reproduce, create derivative works, sell, or otherwise use or distribute, at no cost whatsoever to KBB.COM, any and all material you post to any Community Pages, including, without limitation, all intellectual property rights embodied therein.

Your right to use the Community Pages and My KBB is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without the approval of Kelley. Any attempt to do so will be void. You agree that you are responsible for all acts that occur under your account or password, including any material posted or transmitted through your account or any activities occurring under your account.

As a registered user, you are responsible for all use of your account (under any name or password), and you agree that Kelley can assume that any communication from the account using your account name and password came from you.

In the event that you are required to register for any part of the Community Pages and/or My KBB, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes. Failure to provide accurate and timely information may result in your account being closed and/or no longer being able to access or use the Community Pages and/or My KBB.

As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. If you find out that your password or account is being used by someone without your consent, or you discover any other breach of security, you agree to notify us immediately.

You agree that Kelley may close your account and/or prevent you from using the Community Pages and/or My KBB for violating these Terms of Use, or for any other reason, at any time, in Kelley's sole discretion, without prior notice to you and without any liability to you for such termination.

Kelley reserves the right, but shall have no obligation, to monitor or remove any objectionable information at any time, without notice, in its sole discretion. Kelley has the right, but not the obligation, to remove, edit or move, at any time, any material posted to the Community Pages, in each case as it deems appropriate.

If you feel that posted material is objectionable, you can report it by clicking on the ?Report Abuse? link on the specific post objected to and providing details. Kelley will review the posted material, and if appropriate, may remove or edit the material, however, these options may not be available or may not occur immediately.

It is the policy of Kelley to respect the intellectual property rights of others; Kelley requires you to do the same. Kelley may terminate access to the Community Pages and/or My KBB, including the accounts of those who appear to infringe the intellectual property rights of others, and/or Kelley may remove content that has prompted such a complaint.

You agree that content presented through the Community Pages by Kelley, its advertisers, customers, users, or others is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The content and any trademarks and service marks on the Community Pages shall at all times remain the property of Kelley or third party owners. Access to the Community Pages does not give you a right to copy or use any intellectual property of Kelley or any third party. You may only use such intellectual property as authorized in writing by Kelley or the third party owner.

If you believe that your intellectual property rights have been infringed by Kelley or by a user of KBB.COM on the Community Pages, you can report it by clicking on the ?Report Abuse? link on the specific post objected to and providing details.

Click here to view the KBB.COM Privacy Policy. The Community Pages and/or My KBB may contain links to third party information and service providers who may collect personal information from you in order to provide you with information or services. Kelley has no control over the privacy policy of any third party company, so please examine their privacy policy prior to submitting any personal information.

KBB.COM reserves the right to reveal your identity or user account information in the event of a claim, investigation, complaint or legal action arising from your participation in My KBB, any of the Community Pages and any material posted by you, including, without limitation, furnishing such material and information regarding your identity and any other information we may have about you.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE COMMUNITY PAGES AND MY KBB IS AT YOUR SOLE RISK. Kelley PROVIDES THESE SERVICES TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Kelley AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• KELLEY AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE COMMUNITY PAGES OR MY KBB WILL MEET YOUR REQUIREMENTS; (ii) THE COMMUNITY PAGES OR MY KBB WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE COMMUNITY PAGES OR MY KBB WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITYPAGES OR MY KBB WILL MEET YOUR EXPECTATIONS; (v) SERVERS THAT MAKE SUCH MATERIALS AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS WILL BE CORRECTED.
• ALL MATERIAL AND INFORMATION OBTAINED THROUGH THE USE OF THE COMMUNITY PAGES AND/OR MY KBB IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING OF ANY SUCH MATERIAL.
• KELLEY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE COMMUNITY PAGES AND/OR MY KBB. UNDER NO CIRCUMSTANCES WILL KBB.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CONTENT AVAILABLE ON OR THROUGH THE COMMUNITY PAGES AND/OR MY KBB. ANY OPINIONS, STATEMENTS OR OTHER INFORMATION IN CONTENT AVAILABLE ON OR THROUGH THE COMMUNITY PAGES AND/OR MY KBB ARE THOSE OF THE RESPECTIVE AUTHOR OR DISTRIBUTOR, WHETHER IDENTIFIED BY NAME OR NOT AND NOT OF KBB.COM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE COMMUNITY PAGES AND/OR MY KBB. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM KBB.COM OR THROUGH OR FROM THE COMMUNITY PAGES AND/OR MY KBB SHALL CREATE ANY WARRANTY WHATSOEVER. KBB.COM SHALL IN NO WAY BE RESPONSIBLE FOR DECISIONS THAT YOU MAY MAKE RELATED TO INFORMATION PROVIDED BY KBB.COM OR OTHERS ON THE COMMUNITY PAGES AND/OR MY KBB.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KELLEY AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KELLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COMMUNITY PAGES AND/OR MY KBB; (ii) USE OF ANY MATERIALS POSTED ON OR MADE AVAILABLE IN THE COMMUNITY PAGES, MY KBB, OR ANY OTHER WEB SITE TO WHICH A LINK IS PROVIDED OR ON WHICH A LINK IS PROVIDED TO THE COMMUNITY PAGES AND/OR MY KBB, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE COMMUNITY PAGES AND/OR MY KBB; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE COMMUNITY PAGES AND/OR MY KBB; OR (v) ANY OTHER MATTER RELATING TO THE COMMUNITY PAGES AND/OR MY KBB. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT KBB.COM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE COMMUNITY PAGES AND/OR MY KBB OR ANY CONTENT AVAILABLE ON OR THROUGH THE COMMUNITY PAGES AND/OR MY KBB.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY.

If you are dissatisfied with the Community Pages, the content available on or through the Community Pages, My KBB, or with any of these Terms of Use, your only remedy is to discontinue using the Community Pages and/or My KBB.

Some jurisdictions do not allow the exclusion of implied warranties so the above limitations may not apply to you. If so, any implied warranties are limited to ninety (90) days.

When you use kbb.com, the Community Pages, you are agreeing to indemnify Kelley, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or related in any way to your use of the Community Pages, any content you provide on the Community Pages, or any breach of your obligations under these Terms of Use. By using the Community Pages you are agreeing to release Kelley and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of the Community Pages and any content on the Community Pages. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

These Terms of Use and the relationship between you and Kelley shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Kelley agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California. The failure of Kelley to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms of Use remain in full force and effect. These Terms of Use and Privacy Policy constitute the entire agreement between you and Kelley and govern your use of the Community Pages and My KBB, superseding any prior Terms of Use with respect to the Community Pages and My KBB. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Kelley services, affiliate or third-party services. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect.

You agree that regardless of any statute or law to the contrary, any claim relating to the Community Pages, My KBB, and/or these Terms of Use, must be commenced within one year after such claim arose or it is forever barred.

From time-to-time Kelley may make changes to these Terms of Use, including the Privacy Policy, and will let you know about them by revising the "last updated" date at the top of the Terms of Use and/or Privacy Policy. By continuing to use the Community Pages and/or My KBB after Kelley has posted changes to these Terms of Use or the Privacy Policy, you agree to and accept the changes.