KBB.COM EMBEDDABLE CODE UNITS
TERMS OF USE
These Terms of Use set forth the terms and conditions upon which you are permitted
to access and use the www.kbb.com embeddable code units ("Widgets" and/or "Badges")
provided by Kelley Blue Book Co., Inc. ("KBB"). By using the Widgets and/or Badges,
you agree to be bound by the terms and conditions set forth in these Terms of Use.
KBB reserves the right to revise these Terms of Use at any time.
Proprietary Rights. You acknowledge and agree that the Widgets and Badges and all
content and materials on and in the Widgets and Badges contain proprietary information
that is protected by applicable copyright, trademark and other intellectual property
laws. No Widgets or Badges may be edited or modified in anyway by any party other
than KBB and all Widgets and Badges must link directly back to the kbb.com website.
All pertinent information must remain intact such as Author's name and Date Published.
Nothing in these Terms of Use grants you ownership or other rights in or to any
of the Widgets or Badges, any content contained therein, or any KBB trademarks or
logos, except to use in accordance with these terms.
Proper Attribution. The KBB trademarks and logos provided in connection with the
Widgets and/or Badges are the only ones allowed without our prior written permission.
To the extent necessary under applicable laws, KBB grants to you a non-exclusive,
limited, revocable and royalty-free license to use the KBB trademarks and logos
solely in connection with the Widgets and Badges on your electronic property and
subject to the terms and conditions set forth in these Terms of Use. You agree to
properly and accurately display the KBB trademarks and/or logos in their entirety.
You may not modify or alter the KBB trademarks or logos in any manner, or combine
the KBB trademarks or logos with any other mark or logo.
No Use of KBB Trademarks in Ad Text. You agree NOT to use any KBB trademarks or
logos in any search engine advertising text, including Google AdWords sponsored
ads, and expressly agree that Your use of the Widgets and/or Badges, or the KBB
name, trademarks, and/or logos in conjunction with the Widgets and/or Badges shall
not constitute the right to sell, and shall not be used to facilitate the sale of,
any product or service of KBB, without the further express written agreement of
KBB.
Other Prohibitions. In addition to any other prohibitions herein, you may not: (a)
display or use the Widgets or Badges in any manner that states or implies any endorsement
by, or affiliation with, KBB; (b) display or use the Widgets or Badges in any manner
that disparages or tarnishes KBB, in KBB's sole opinion; (c) edit, revise, alter,
or otherwise modify any content of the Widgets or Badges; or (d) link to the Widgets
or Badges from any website containing obscene, defamatory, harassing, illegal, offensive,
or malicious material.
Non-Commercial Purposes ONLY. All content, trademarks, logos, and materials on and
in the Widgets and/or Badges, including Proprietary Information, may only be used
for personal, non-commercial purposes; any other uses, including without limitation
the incorporation of advertising into or the placement of advertising associated
with the content in the Widgets and/or Badges, are strictly prohibited. You agree
not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate,
store, copy or transmit any material from the Widgets or Badges unless and until
you have obtained our prior written consent. The Proprietary Information covered
by this prohibition includes, without limitation, the software programming and html
and other code contained in the Widgets and Badges, Blue Book® Values and New Car
Pricing information, compilations of vehicle specifications, any text, graphics,
logos, photographs, audio or video material or stills from audiovisual material
available via the Widget or Badges. You must use the Widgets and/or Badges as provided
by KBB and you may not edit or modify the text, content or links supplied by KBB.
Termination. KBB reserves the right to modify, alter, discontinue, or terminate,
without notice to you, the content, formatting, and/or distribution of any Widgets
and/or Badges. KBB reserves the right to terminate the usage of any Widgets and/or
Badges and KBB trademarks and logos by any individual or organization for any reason
at any time. If KBB provides you any such notice, upon your receipt of notice of
such revocation, you shall immediately discontinue or disable any link to the Widgets
and/or Badges and remove any and all occurrences of the KBB trademarks and logos.
Disclaimer of Warranties. You expressly understand and agree that your use of the
Widgets and/or Badges is at your sole risk. KBB provides the Widgets and Badges
on an "as is" and "as available" basis. KBB and its owners, shareholders, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (collectively, the
"KBB Parties") are not responsible for errors or omissions and 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. You acknowledge and agree that the KBB Parties are not liable
for any direct, indirect, incidental, special, or consequential damages that result
from the use of, or the inability to use, the Widgets and/or Badges. The KBB Parties
make no warranty that the Widgets and/or Badges will meet your requirements and/or
be uninterrupted, timely, secure, error-free, accurate or reliable, and assume no
liability for any of your activities in connection with the Widgets and/or Badges
or for your use of the Widgets and/or Badges in connection with your electronic
property.
Governing Law. These Terms of Use shall be governed by the laws of the State of
California and the United States without reference to its conflict of laws provisions.
You and KBB agree to submit to the personal and exclusive jurisdiction of the courts
located within Orange County, California.
