KBB.com General Terms of Service
1. Description of KBB.com and These Terms of Service
Welcome to KBB.com! Kelley Blue Book Co., Inc. ("Kelley Blue Book", "us", "we", "our") provides its products and services subject to these Terms of Service ("Terms"). By using KBB.com, you agree to the following Terms. These Terms may be updated by us from time to time, and we encourage you to revisit this page often and review the Terms. In addition to these Terms, when using particular KBB.com owned or operated services, you may also be subject to any additional posted guidelines applicable to such services.
KBB.com provides you with access to many valuable resources, including Kelley Blue Book Used Car Values, New Car Pricing and quotes from dealerships, research, reviews and ratings, car buying advice, Blue Book Classifieds, as well as links to sites where you can obtain vehicle services such as financing and insurance, and other existing services and those that may later be offered to you (the "Service"). The Service includes advertisements, which are necessary for Kelley Blue Book to provide the Service to you. Unless explicitly stated otherwise, any new features that we may add to KBB.com will also be subject to these Terms, and any other special terms of service referenced in the new feature.
3. Personal Use Only
You may make personal use of all of the information you access on KBB.com ("Information"), but you may not take any of the Information and reformat and display it, or copy it on your Web site or in any other format, and you may not store or migrate any of the Information or other data from KBB.com without Kelley Blue Book's written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of particular vehicle values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on KBB.com. If you want to make commercial use of the Kelley Blue Book Information or Services, you must enter into an agreement with us to do so in advance, and we would love to talk to you about that.
4. Survey Responses, Feedback, and Other Contributions to KBB.com
By submitting ideas, survey responses, suggestions, documents, comments, and/or proposals ("Contributions") to KBB.com through its surveys, "contact us", or suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kelley Blue Book is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of Kelley Blue Book without any obligation of Kelley Blue Book to you and Kelley Blue Book shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) Kelley Blue Book may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Kelley Blue Book under any circumstances for your Contributions.
5. Kelley Blue Book Instant Cash Offer Program Terms and Conditions
Program Overview. With the Kelley Blue Book Instant Cash Offer Program ("Instant Cash Offer Program") you can complete a questionnaire online or at a dealership and get a specific offer to buy your car for cash today ("Instant Cash Offer" or "Offer"). You can redeem your Instant Cash Offer for cash, or put the value of your Offer toward the purchase of another vehicle, subject to these Instant Cash Offer Program Terms and Conditions, the KBB.com Terms of Service including but not limited to the Arbitration and Class Action Waiver provisions, all of which are incorporated herein by reference, and other terms and conditions provided through the Instant Cash Offer Program. Kelley Blue Book and Autotrader do not redeem Instant Cash Offers or purchase vehicles; rather, the Instant Cash Offer is redeemable at dealers who have paid Kelley Blue Book or an affiliate to participate in the Instant Cash Offer Program ("Participating Dealers"). The Instant Cash Offer is valid at any Participating Dealer for three (3) days (not counting Sundays) after it was issued. It is important to note that the Instant Cash Offer is based on specific information about your vehicle, which may result in variations from the information collected in connection with a Kelley Blue Book Value. The Offer may be less than the Kelley Blue Book Trade-In Value and may be lower than the Trade-In Range for a similar vehicle.
Your Vehicle must pass a mandatory vehicle inspection by a Participating Dealer. If the inspection report differs from your description or online assessment of your vehicle's condition, the Participating Dealer may adjust the Offer amount, which may mean decreasing the Offer amount. Participating dealers are not owned or operated by, nor are they affiliated with or acting on behalf of, either Kelley Blue Book or Autotrader. Kelley Blue Book, Autotrader, and their affiliates expressly disclaim any liability resulting from an adjustment of the Offer or refusal to accept the vehicle by Participating Dealer(s).
Program Requirements. In addition to the other KBB.com Terms of Service and other terms to redeem an Instant Cash Offer that you have received through the Instant Cash Offer Program: (1) your vehicle must be located in a market in which the Instant Cash Offer Program is offered; (2) you must be the registered owner of the vehicle in question; (3) you must possess a valid driver's license or other form of valid government-issued photo ID; (4) you must not be an automobile dealer or an employee or agent of an automobile dealer; (5) the personal contact information and the information about your vehicle that you provide in response to our online questionnaire must be accurate, complete, and truthful; and (6) within three (3) days of the issuance of your Instant Cash Offer (not counting Sundays), you must deliver your vehicle, with a valid registration and either clear and unencumbered title in your name, or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information, and the current loan payoff amount or lease early termination fee for your vehicle) to a Participating Dealer. The Participating Dealer will inspect your vehicle to confirm its condition and verify the accuracy of the other information about your vehicle that you submitted online. Based on the results of this verification inspection (more information below) reported by the Participating Dealer, the dollar amount of your Instant Cash Offer may be adjusted up or down prior to redemption.
Restrictions. The Instant Cash Offer Program is not available in all areas and not all vehicles are eligible for Offers. The Instant Cash Offer Program may not be used to sell or to trade in certain categories of vehicles at Kelley Blue Book's discretion, including, without limitation: current model year (or newer) vehicles; exotic vehicles; commercial vehicles; vehicles subject to recall or investigation by a government agency; vehicles with a police, fire, livery, taxi, or rental history; reconstructed or salvage vehicles; vehicles without a valid Vehicle Identification Number (VIN); vehicles not originally built for the United States market or that were imported illegally or outside of official manufacturer channels (i.e., "gray market" vehicles); vehicles older than 24 model years; vehicles that have over 300,000 miles on the odometer; vehicles with altered drivelines or bodies or illegal or non-functioning emissions equipment; vehicles registered at an auto auction or offered for sale through any wholesale channel within 45 days; and vehicles that we would value at less than $1,000. You may use the Instant Cash Offer Program to sell or trade in a maximum of three vehicles in any six-month period. Vehicles with an Offer value greater than $75,000 may not be accepted by every Participating Dealer and may require an additional inspection.
Some Offers Require Review. Although the majority of Instant Cash Offers generated by the Instant Cash Offer Program will be delivered within moments of submitting a valid request, some requests require manual review. This manual review process usually will be completed within minutes of submitting a request but occasionally may take until the next business day.
The Information You Provide in Connection with Your Offer. You acknowledge that if you provide us with any false, incomplete or inaccurate information, including, without limitation, vehicle information or personal contact information, your Instant Cash Offer may be immediately invalidated. By requesting an Offer, you agree that we, our service providers, and Participating Dealers may contact you, by any method that you supplied for your contact information, about vehicles or other products and services that may be of interest to you. By supplying a mobile number, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and from Participating Dealers. You do not have to provide us with a mobile number as a condition of obtaining an Instant Cash Offer.
Participating Dealers pay a monthly subscription to participate in and receive leads through the Instant Cash Offer Program. Offers provided through the Instant Cash Offer Program are calculated and generated by a proprietary appraisal tool intended to generate a price reflecting a liquid cash offer to be honored by a Participating Dealer irrespective of whether you are purchasing another vehicle from that Participating Dealer. Instant Cash Offer Program guarantees to Participating Dealers that your vehicle will be worth at least the amount of the Offer. Participating Dealers are not owned or operated by, nor are they acting on behalf of, Kelley Blue Book, and, except as described herein, are not otherwise affiliated with Kelley Blue Book. If you redeem your Instant Cash Offer at a Participating Dealer, you will have the option of either using your Instant Cash Offer to trade in your vehicle or to sell your car for a check. If your Instant Cash Offer does not identify a Participating Dealer near you, please call our customer service department at 1-866-559-5268 or send us an email to request this information.
Although Participating Dealers are not obligated to purchase your vehicle or accept your vehicle for trade for any price other than the amount of your Instant Cash Offer, you are welcome to try to negotiate a more favorable price or trade-in amount for your vehicle and, of course, you are always free to sell or trade-in your vehicle outside of the Instant Cash Offer Program. Though we think the Offer allows for a convenient and easy way to sell your vehicle, it may not be the highest sale price or trade-in amount that you could receive for your vehicle outside of the Instant Cash Offer Program.
Participating Dealers will conduct a mandatory vehicle inspection free of charge to verify the accuracy of the vehicle description and condition information that you provided to us online. This verification inspection may include, for example, paint thickness measurements, a road test, a mechanical inspection, and a review of vehicle history reports and disclosure statements regarding flood, salvage, or odometer discrepancies (including rollbacks), and the like. The Participating Dealer will submit the results of the verification inspection to the Instant Cash Offer Program using the same online tool that you used to request your Instant Cash Offer, and we may raise or lower the dollar amount of your Instant Cash Offer prior to redemption based on the information revealed by the inspection. All decisions of the Participating Dealer regarding the condition of your vehicle will be final.
At the conclusion of your vehicle verification inspection, you can redeem your Instant Cash Offer, subject to any applicable adjustments after the inspection, by delivering your vehicle on the spot or by returning your vehicle to your Participating Dealer's location by the end of the next business day in the same condition and with no more than 50 additional miles on the odometer.
Redeeming Your Instant Cash Offer
Selling Your Vehicle to a Participating Dealer. If you decide to redeem your Instant Cash Offer by selling your vehicle, the Participating Dealer will issue you a check following the release of all applicable liens and lease obligations and the Participating Dealer's receipt of a clear and unencumbered vehicle title, subject to Section 5.h.iii. All checks will be made payable to the vehicle owner(s) named on the vehicle title.
Redeeming Your Offer Towards the Purchase of Another Vehicle. If you elect to apply your Instant Cash Offer to the purchase of another vehicle, your Participating Dealer will issue you a credit toward the price of any vehicle available in its inventory in exchange for your vehicle. The Offer credit will be given after the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title (see Section 5.h.iii).
Equity in Your Vehicle. If there are outstanding lien or lease obligations on your vehicle, the following will apply:
1. Negative Equity. If you have negative equity in your vehicle (i.e., your outstanding loan balance or lease payment obligation exceeds the amount of your Instant Cash Offer), you will be responsible for paying the difference between the Instant Cash Offer and the amount needed to clear the title to your vehicle by certified check or other form of payment acceptable to the Participating Dealer before your transaction can be completed.
2. Positive Equity. If you have positive equity in your vehicle, the Participating Dealer will issue you a check or a trade-in credit, as applicable, for the difference between the amount needed to clear the title (including any related fees) to your vehicle and the Instant Cash Offer. Your Participating Dealer will assist you with the processing of the paperwork and payments necessary to settle your loan or lease obligations and to obtain a clear title to your vehicle. This process typically takes 10 to 14 business days following delivery of a vehicle to a Participating Dealer, but it could take longer in some circumstances.
Release. BY REDEEMING AN OFFER, YOU AGREE NOT TO SUE KELLEY BLUE BOOK, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR INSTANT CASH OFFER TRANSACTION THAT YOU ENTER INTO WITH A DEALER IN CONNECTION WITH THE INSTANT CASH OFFER PROGRAM. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
To obtain access to certain services from KBB.com, you may be required to register on KBB.com. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing KBB.com through any username/password assigned to you. You will notify Kelley Blue Book's Customer Service Department of any known or suspected unauthorized use of your account via email.
7. Buying and Selling Vehicles
KBB.com offers a vehicle listing and information service that brings together buyers and sellers. Kelley Blue Book is not a party to any transaction between vehicle buyers and sellers that originates on or through KBB.com. Information about a particular vehicle is supplied by the seller, not by Kelley Blue Book. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
Though we hope that all who come to KBB.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using KBB.com to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment.
Buying a Vehicle
The prices listed by sellers on KBB.com often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing a vehicle or any other good or service you have read about on KBB.com, you should confirm with the seller any information, including the price that is important to your purchasing decision. Kelley Blue Book is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on KBB.com.
We may screen some email messages sent through KBB.com to sellers about vehicles listed on KBB.com. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
Our used car listings include vehicles that have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in KBB.com' certified vehicle listing is provided by the listing dealer. Neither Kelley Blue Book nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing. Only the party that certifies a vehicle is responsible for the decision to certify that vehicle. You should familiarize yourself with the terms of the applicable certification program before buying a certified vehicle. Ads purchased by private sellers through our Sell Your Car service will not appear in any "certified" area of KBB.com. Ads for certified vehicles apply only to vehicles certified by dealers in accordance with the certification programs of the automobile manufacturers with which we have partnerships.
Certain dealers who participate in an anonymous chat or anonymous texting service provided by Kelley Blue Book or its affiliates may offer you an option to inquire about a listed vehicle without disclosing your personal information (such as your name, e-mail address or telephone number). If you contact a dealer via an anonymous text, the dealer will be able to respond to that text and contact you without having access to your mobile number. Both you and the dealer have the option to end such chat or text conversation at any time. If, in the course of such chat or text conversation, you supply to the dealer your email address and/or telephone number, you consent to receive e-mail communications to such e-mail address and calls and texts at that number, whether manually or automatically generated. You are under no obligation to provide your name or contact information over the course of such chat or text conversation.
Anonymous chat and text service relies on infrastructure and services furnished by third-party providers. Neither Kelley Blue Book, nor its affiliates, nor participating dealers warrant the continuous availability or error-free operation of the anonymous chat and text services.
Listing Your Vehicle
KBB.com offers a variety of ad packages to private sellers, with combinations of features that may vary by market area. For information about the ad packages available to private sellers in your area, click the "Sell Your Car" tab or button on our home page. On the next page, enter your ZIP code to view our product offerings. For information about ad packages available to dealers (and private sellers wishing to list more than five vehicles for sale at a given time), please visit B2B.KBB.com.
In order for you to offer a vehicle for sale through our Sell Your Car service for private sellers, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your vehicle at the price at which, and on the terms on which, you have listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on KBB.com, sellers also 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 KBB.com, nor may you use KBB.com to promote, without our prior written permission, any other website, product, or service.
By using KBB.com to sell your vehicle as a private seller, you represent that you are at least 18 years of age, that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than five vehicles for sale simultaneously. A private seller who wishes to list more than five vehicles simultaneously, and any commercial dealer wishing to list any vehicle, must make arrangements with us before doing so. Please visit B2B.KBB.com for information.
When you list a vehicle for sale through our Sell Your Car service, we may obtain additional distribution for your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services. Neither Kelley Blue Book nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from Kelley Blue Book. Our promotional partners will not contact you with offers to sell you additional distribution or add-on advertising services for your listing without your permission. If third parties contact you without your permission offering to sell you such services, they have likely misused KBB.com and violated these Terms to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our contact us form.
Listings are not to be used to advertise more than one vehicle, regardless of a listing's duration. For this reason, you cannot edit your vehicle's year, make, model, or VIN once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are generally not refundable, so if you enter incorrect information in the year, make, model, or VIN fields, you will have to delete the listing and purchase a new one to create an accurate listing. By using KBB.com to sell your vehicle, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your vehicle sells as a result of the listing. You also agree to pay any applicable taxes relating to your use of the Sell Your Car service. See the Terms of Sale for information on refunds.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through KBB.com. Nothing will undermine a user's confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of KBB.com fairly and honorably.
In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on KBB.com, we may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale over KBB.com are prepared to sell those vehicles at the prices and on the terms which such vehicles are advertised. By using KBB.com, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating these Terms, we reserve the right to deny that seller use of services offered on KBB.com and any affiliated websites and remove that seller's listings from each site.
By listing a vehicle for sale on KBB.com, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
8. Modifications and Termination of Service
Kelley Blue Book reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. All terminations will be made in Kelley Blue Book's sole discretion and you agree that Kelley Blue Book will not be liable for any termination of your use of or access to the Service.
9. Your Dealings with KBB.com Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that Kelley Blue Book will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
10. Links to Other Websites
KBB.com provides links to other Web sites. You acknowledge and agree that, because Kelley Blue Book has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on KBB.com; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Kelley Blue Book will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
11. Kelley Blue Book's Proprietary Rights
You acknowledge and agree that the Service and all materials on KBB.com, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (Kelley Blue Book's "Proprietary Information"). All materials on KBB.com, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from KBB.com 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 Web site, Kelley Blue Book Vehicle Values, Kelley Blue Book New Car Pricing information, compilations of vehicle specifications, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on KBB.com.
12. Use of Kelley Blue Book Logos
13. No Illegal Use
As a condition of your use of and access to KBB.com, you agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to use the Services in any way that could damage, disable, overburden, or impair KBB.com or any Kelley Blue Book server, or the associated networks, or interfere with any other party's use and enjoyment of any Services.
14. Dispute Resolution – Mandatory Arbitration and Class Action Waiver
Arbitration Agreement: YOU AND KELLEY BLUE BOOK AGREE THAT ANY CLAIMS OR DISPUTES ("Claims") THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, KBB.COM, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
Class Action Waiver: YOU AND KELLEY BLUE BOOK AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor Kelley Blue Book may participate in a class or representative action in court as a class member if the Claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or Kelley Blue Book. To be clear, you and Kelley Blue Book both waive any right to participate in any class action involving disputes between us.
This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 15 of these Terms will remain in full force and effect.
Arbitrator Authority: The arbitrator's authority is governed by this arbitration agreement. You and Kelley Blue Book agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 17), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with Kelley Blue Book. An arbitrator may award attorneys' fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
Arbitration Procedures: You and Kelley Blue Book agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures ("JAMS"). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. Kelley Blue Book will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys' fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, Kelley Blue Book agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against Kelley Blue Book, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
Survival: This arbitration agreement survives the termination of these Terms between you and Kelley Blue Book.
15. Jury Trial Waiver.
You and Kelley Blue Book expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 14 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
16. Disclaimer of Warranties:
You Expressly Understand and Agree That:
Your use of the Service is at your sole risk. Kelley Blue Book provides the Service to you on an "as is" and "as available" basis. Kelley Blue Book 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 Blue Book and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material accessed, purchased or obtained by you through the Service will meet your expectations; and (v) any errors will be corrected.
All material and information obtained through the use of the Service 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.
No advice or information, whether oral or written, obtained by you from KBB.com or its affiliates or partners through or from the Service shall create any warranty whatsoever.
Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations are based upon current available information and analysis of market conditions, and will vary depending on specifications, vehicle condition or other particular circumstances pertinent to a particular vehicle or the transaction or the parties to the transaction. Kelley Blue Book assumes no responsibility for the accuracy of vehicle values and no responsibility for errors or omissions.
17. Limitation of Liability
You expressly understand and agree that Kelley Blue Book 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 Blue Book has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) 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 Service; (iii) statements or conduct of any third party related to the Service; or (iv) any other matter relating to the Service. 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 15 and 16 may not apply.
18. Indemnity and Release
When you use KBB.com, you are agreeing to indemnify Kelley Blue Book, 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 your use of the KBB.com Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using KBB.com you are agreeing to release Kelley Blue Book 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 ideas and/or related materials submitted to KBB.com. 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."
19. Changes and Updates to These Terms of Service
Kelley Blue Book may occasionally update or change these Terms, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these Terms and any updates.
20. General Information
Choice of Law. The Terms and the relationship between you and Kelley Blue Book shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Waiver and Severability of Terms. The failure of Kelley Blue Book to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
Entire Agreement. The Terms constitutes the entire agreement between you and Kelley Blue Book and governs your use of the Service, superseding any prior Terms with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Kelley Blue Book services, affiliate or third-party services.
Statute of Limitations. You agree that any claim, demand, or cause of action arising out of or related to the Service or your access or visit to KBB.com or these Terms must be filed by you within one (1) year after such claim, demand, or cause of action arose, or it is forever barred.
21. Reporting Violations to the Terms
Please report any violations of the Terms to Kelley Blue Book customer service.