General Terms of Service

First published on: 2020/07/05

1. Description of KBB.CA and These Terms of Service

Welcome to KBB.CA! KBB.CA which is managed by Cox Automotive Canada Company o/a Kelley Blue Book Canada, with offices at 2700 Matheson Blvd E, Suite 702E, Mississauga, Ontario L4W 4V9 registered in the province of Nova Scotia, (“Kelley Blue Book”, “us”, “we”, “our”). These General Terms of Service is made by and between Kelley Blue Book and you, the customer (“Customer”, “you”, “yours”, etc.) as of the date of you click accept (“Effective Date”). Kelley Blue Book and Customer may each be referred to as “Party” and collectively as “Parties”. By using KBB.CA, as described in this agreement, you agree to the following General Terms of Service (“Terms”). In addition to these Terms, you may also be subject to any additional posted guidelines or terms and conditions applicable to such services.

Kelley Blue Book 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 (collectively the “Service(s)” and/or “KBB.CA”). 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 the Service will also be subject to these Terms, and any other special terms of service referenced in the new feature.

2. Privacy Statement

In order to access and use the Service, Kelley Blue Book requires certain personal information from you. You understand and agree that when you use the Services, you are consenting to the collection and use of personal information provided by you and about your use the Services, in accordance with the Privacy Statement. Click here to view the Services Privacy Statement.

3. Personal Use Only

You may make personal use of all of the information you access on the Service (“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 the Services without 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 the Service. 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.CA

By submitting ideas, survey responses, suggestions, documents, comments, and/or proposals (“Contributions”) to Kelley Blue Book 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, but not required, 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 whatsoever, now or created in the future, 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. Registration

To obtain access to certain features of the Services, you may be required to register and create an account. 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, or use a fictitious username. Failure to provide accurate and timely information may result in your account being closed and/or your access to the Service 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 username and password and for all actions of persons accessing the Service. You will immediately notify Kelley Blue Book's Customer Service Department of any known or suspected unauthorized use of your account via email.
You agree that Kelley Blue Book has the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.

6. Consumer Reviews and Ratings

Kelley Blue Book may provide Customers with the opportunity to review and rate the Services. By submitting any message, data, information, text, or other material (“Content”) pursuant to the Consumer Reviews and Ratings Service (THE “CR&R SERVICE”), you:

grant us and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
represent and warrant that:
1. you are the sole author and owner of the intellectual property rights in the Content that you submit;
2. the Content you submit is accurate and not false or misleading;
3. you are at least 18 years old;
4. use of the Content you submit does not violate these Terms and will not cause injury to any person or entity;
5. you are not affiliated with any automobile or vehicle manufacturer, dealership, or Kelley Blue Book and its affiliates; or, in the event you are affiliated with any of these, you agree to disclose this fact in your review on the CR&R Service; and that
6. your use of the CR&R Service will be consistent with these warranties, as well as the licenses set forth in this section.
further agree and warrant that you shall not submit any Content:
1. that is known by you to be false, inaccurate or misleading; that may infringe any third party’s copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy;
2. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
3. that is, or may reasonably be considered to be, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, threatening, abusive, inflammatory, hateful, racially or religiously biased or offensive, harassing, fraudulent, or otherwise objectionable to any individual, partnership or corporation;
4. for which you were compensated or granted any consideration by any third party;
5. that is or amounts to unsolicited promotions, political campaigning, advertising or solicitations;
6. that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
7. that includes any information that references other web sites, or the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
8. that contains any computer viruses, corrupted data, worms or other harmful or potentially damaging computer programs or files;
9. that is unrelated to the topic upon which such Content is posted; or that,
10. in the sole judgment of us is objectionable or which may expose us or our affiliates or users to any harm or liability of any type.

The Content you submit will be considered non-confidential and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to decline to post any Content, and to otherwise use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to us.

Any use of the CR&R Service in violation of these Terms may result in, among other things, termination or suspension of your rights to use the CR&R Service.

7. 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.

8. Your Dealings with KBB.CA 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.

9. Links to Other Websites

This Service may include links to third party other Web sites. You acknowledge and agree that, because Kelley Blue Book has no control over such third party 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 the Service; 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. You further understand that third party web sites, including but not limited to their content, information, products and representations, are subject to their own terms and conditions and privacy policies. KBB’s Terms and Privacy Statement do not extend to these third party web sites.

10. Kelley Blue Book's Proprietary Rights

You acknowledge and agree that the Service and all materials, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (“Proprietary Information”). All materials available on the Services on KBB.CA, 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 the Service 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 the Service.

11. Use of Kelley Blue Book Logos

Click here to view the Kelley Blue Book logos (“Kelley Blue Book Marks”), and the terms of use governing downloads of the Kelley Blue Book Marks. You agree that all of the Kelley Blue Book Marks are the property of Kelley Blue Book.

The Kelley Blue Book Marks you may be allowed to download are offered to you as a convenience for lawful use with proper permission from the copyright and/or trademark holder only. You hereby agree that the Kelley Blue Book Marks you download will be used for non-commercial use without infringing on the rights of the copyright and/or trademark holder and in compliance with the Canadian and international copyright and intellectual property laws. The use of Kelley Blue Book Marks is hereby expressly consented to be used in press publications by duly accredited journalists, in the exact same format, size and colors of the downloaded materials with no alteration whatsoever. Before you use or reproduce Kelley Blue Book Marks in any manner other than for press purposes, you agree to obtain the express permission of the copyright and/or trademark holder. Failure to obtain such permission, or the use of the Kelley Blue Book Marks with any alteration to the format, size and colors of the downloaded materials, is a violation of national and international copyright and trademark laws subject to specific financial and criminal penalties.

12. No Illegal Use

As a condition of your use of and access to the Services, 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 Kelley Blue Book or any Kelley Blue Book server, or the associated networks, or interfere with any other party's use and enjoyment of any Services.

13. Dispute Resolution

You and Kelley Blue Book select the venue of the judicial district of the city of Toronto, Province of Ontario, to settle any disputes arising from these Terms.

14. 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.CA 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.

15. Indemnity and Release

When you use the Services, you are agreeing to indemnify Kelley Blue Book, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, licensors and representatives (“Releasees”) and hold them harmless from any and all claims and expenses, including legal's fees, arising from your misuse of the Service, your misuse of the Service, or your submission of Contributions and Contents as set forth in Section 4 and 6 respectively above. By using the Service you are agreeing to release the Releasees 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.CA by you. You hereby agree to waive all laws that may limit such releases.

16. 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.

17. General Information

Choice of Law. The Terms and any dispute arising out of or relating to it will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles.
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 discussions, communications or 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.

18. Reporting Violations to the Terms

If you wish to report to KBB any violation of these terms or a court decision confirming any user’s illegal practice, please contact us at KBBsupport@coxautoinc.com

Other Important KBB.CA Policies:

• KBB.CA Privacy Statement

• KBB.CA Linking Agreement

Additional Terms of Service for KBB’s Trade-In On Demand

First published on: 2020/10/06

1. Description of KBB Trade-In On Demand Program and These Additional Terms of Service

Welcome to the website for KBB’s Trade-In On Demand Program. KBB’s Trade‑In On Demand Program is managed by Cox Automotive Canada Company o/a Kelley Blue Book Canada, with offices at 2700 Matheson Blvd E, Suite 800E, Mississauga, Ontario L4W 4V9 registered in the province of Nova Scotia, (“Kelley Blue Book”, “us”, “we”, “our”).These Additional Terms of Service are made by and between Kelley Blue Book and you, the customer (“Customer”, “you”, “yours”,etc.) as of the date that you access the website and click accept (Effective Date). Kelley Blue Book and Customer may each be referred to as “Party” and collectively as “Parties”. KBB’s Trade‑In On Demand Program provides you with access to valuable resources that are designed to streamline the trade-in process by providing owners of eligible vehicles with the opportunity to quickly receive bids from local dealerships to purchase their vehicle (the “Service” and/or the “Program”).

By using the Service, as described in this agreement, you agree to the following Additional Terms of Service (“Terms”). These Terms apply in addition to the General Terms of Service for use of KBB.CA. If there is a conflict between these Terms and KBB.CA’s General Terms of Service, these Terms will take precedence. 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 the Service will also be subject to these Terms, and any other special terms of service referenced in the new feature.

2. Privacy Statement

3. Personal Use Only

You may make personal use of all of the information you access on the Service (“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 the Services 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 the Service. If you want to make commercial use of the Kelley Blue Book Information or Service, you must enter into an agreement with us to do so in advance, and we would love to talk to you about that.

4. Submissions to Kelley Blue Book

To obtain access to the Program, you are required to complete an at home condition assessment of your vehicle (“Assessment”). You agree that the Assessment, as well as all information, responses, data, documents, comments and the like (collectively, the “Submissions”) you supply to us will be accurate and complete. Failure to provide accurate and timely Submissions may result in your access to the Service being suspended, discontinued, or removed.
You agree that you have the necessary rights to submit the Submissions.
Kelley Blue Book is not under any obligation of confidentiality, express or implied, with respect to the Submissions and you agree that we have the right to disclose any information we collect through the Program in accordance with our Privacy Statement.

5. 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 Program 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.

6. Receiving a Bid

Once you have completed the Assessment, our group of local dealerships will review your vehicle and may submit an offer to purchase your vehicle (“Bid”). If a Customer receives a Bid, we will contact the Customer by telephone with the Bid details. If no Bid is received, the Customer will be contacted by email. Customers will have 12PM EST the following business day after which the Bid is received to confirm with us whether they will accept or decline the Bid (“Confirmation Deadline”). Customers must confirm their acceptance of the Bid by telephone and email. Following our receipt of a Customer’s confirmation, we will introduce the Customer and dealer to allow them to proceed with the purchase. If a Customer fails to confirm their acceptance of the Bid by the Confirmation Deadline, we reserve the right to revoke the bid.

WE MAKE NO GUARANTEE THAT A CUSTOMER WILL RECEIVE A BID.

If you reject a Bid, you must wait at least thirty (30) days before submitting a new Bid.

7. No Offer by Kelley Blue Book

OUR TRANSMISSION OF A BID TO YOU DOES NOT CONSTITUTE AN OFFER ON OUR PART OR AN AGREEMENT BY KELLEY BLUE BOOK TO ENTER INTO ANY AGREEMENT FOR THE PURCHASE OF YOUR VEHICLE. YOU ACKNOWLEDGE AND AGREE THAT NO CONTRACTUAL OR OTHER RIGHTS SHALL EXIST BETWEEN YOU AND KELLEY BLUE BOOK WITH RESPECT TO THE PURCHASE OF YOUR VEHICLE.

Your correspondence or business dealings with dealerships, including any transactions related to Bids, as well as any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the dealership. Kelly Blue Book makes no representations, warranties or guarantees, whether express or implied, regarding the content of Bids. Your use of the Service is at your own risk and you acknowledge and agree that Kelley Blue Book shall have no responsibility or liability whatsoever in connection with your dealings with the dealership, including but not limited to any errors or inaccuracies in any Bids that are received.

8. Disclaimer of Warranties

Some jurisdictions, including Quebec, do not allow for the exclusion or limitation of legal warranties or conditions, and, if required by applicable law, some of the contents of this section may not apply to a customer who makes a purchase using this Application.

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 Kelley Blue Book 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.

9. Indemnity and Release

When you use the Services, you are agreeing to indemnify Kelley Blue Book, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, licensors and representatives (“Releasees”) and hold them harmless from any and all claims and expenses, including legal's fees, arising from your misuse of the Service, or your Submission as set forth in Section 4 above. By using the Service you are agreeing to release the Releasees 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 your Submissions. You hereby agree to waive all laws that may limit such releases.

10. 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..

11. General Information

Choice of Law. For all Canadian residents (excluding Quebec), the Terms and any dispute arising out of or relating to it will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. For residents of Quebec, the Terms and any dispute arising out of or relating to it will be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of laws principles.
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 discussions, communications or 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.