Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
The KBB.com terms of service contain several provisions that could negatively impact users. Notably, there is a mandatory arbitration clause that waives your right to a jury trial and class action rights (risk_flags-1). Any content or ideas you submit automatically become the property of Kelley Blue Book without compensation. For vehicle sale programs, the company disclaims liability for transactions with participating dealers (risk_flags-3) and for Kelley Buys Your Car Offers, with limited exceptions. If you fail to provide a clear title within 30 days after receiving payment for a vehicle, Kelley Blue Book can place a security interest on your vehicle. Your data is collected and used in accordance with their privacy policy upon visiting the site, and communications may be monitored under certain circumstances (data_use-2). You also consent to being contacted by the company and its partners for marketing purposes, including calls and texts to your mobile number, and your information may be shared with participating dealers who use it under their own privacy policies (data_use-4). Providing inaccurate registration information can lead to account termination (cancellation_renewal-1), and Kelley Blue Book can terminate an offer without liability under certain conditions (cancellation_renewal-2). Lastly, listing fees for selling a vehicle are generally non-refundable, even if errors are made (gotchas-1), and there's no guarantee your vehicle will sell or fetch the highest price.
88% confidence
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Risk Flags
2 findings
Critical issues that users should be aware of, including significant limitations on rights, potential for financial loss, or broad grants of intellectual property.
high95% confidence
Mandatory Arbitration and Class Action Waiver
This agreement includes an "Arbitration Agreement" which waives your right to a jury trial and your class action rights. You have the option to opt out of the Arbitration Agreement as described in the terms. If you do not opt out, you agree to provisions that will substantially affect your rights in any dispute with the company.
Why it matters: You waive your right to a jury trial and your class action rights, which means you cannot sue the company in court as part of a group or have a jury decide your case. This may limit your ability to seek remedies for disputes.
THIS AGREEMENT HAS AN “ARBITRATION AGREEMENT,” WHICH INCLUDES WAIVERS OF YOUR RIGHT TO A JURY TRIAL AND YOUR CLASS ACTION RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED BELOW. IF YOU DO NOT OPT OUT, YOU UNDERSTAND THAT BY USING KBB.COM, YOU AGREE TO CERTAIN PROVISIONS THAT WILL SUBSTANTIALLY AFFECT YOUR RIGHTS IN ANY DISPUTE WITH US.
Company not liable for vehicle sales with Participating Dealers
When you submit information to receive an Instant Cash Offer, you agree not to sue Kelley Blue Book, its affiliates, service providers, officers, directors, employees, and agents (collectively, the "Released Parties") for any claims relating to or arising out of a vehicle sale or Instant Cash Offer transaction with a Participating Dealer. You agree to look solely to the Participating Dealer for your remedy in case of claims or disputes from such a transaction, and not to the Released Parties.
Why it matters: You waive your right to sue Kelley Blue Book and its affiliates for any issues that arise from a vehicle sale transaction with a Participating Dealer. This means you can only seek remedies directly from the dealer, potentially limiting your legal recourse against the platform that facilitated the offer.
BY SUBMITTING YOUR INFORMATION TO RECEIVE AN INSTANT CASH 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 PARTICIPATING DEALER IN CONNECTION WITH THE INSTANT CASH OFFER PROGRAM.
collect information about others without their consent;, paragraph 22 · Citation strength: strong
Data Use
2 findings
How the company collects, uses, shares, and protects your data.
medium90% confidence
Company may monitor communications
Kelley Blue Book does not ordinarily review private electronic messages not addressed to them. However, they may occasionally monitor such communications if deemed appropriate to comply with laws, respond to legal processes or law enforcement requests, enforce these Terms, or protect the rights, property, or safety of KBB.com visitors, advertisers, the public, the company, or its affiliates.
Why it matters: Your private electronic messages, even those not addressed to the company, may be monitored under certain circumstances, potentially impacting your privacy.
We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce these Terms, or to protect the rights, property or safety of visitors to KBB.com, our advertisers, the public, us or our affiliates.
collect information about others without their consent;, paragraph 5 · Citation strength: strong
medium90% confidence
Information shared with participating dealers and third parties
When you provide information to request a Kelley Buys Your Car Offer, you agree that KBB will share your information with Participating Dealers. These dealers may use your information according to their own privacy policies. The company, its service providers, and Participating Dealers may contact you regarding both Instant Cash Offers and Kelley Buys Your Car Offers, and about other products and services.
Why it matters: Your personal information provided for an offer will be shared with third-party dealers who may use it under their own privacy policies, and you may receive contact from multiple parties for various offers and marketing, leading to potential privacy exposure and unsolicited communications.
When you provide your information to request an Offer, you acknowledge and agree that you are directing KBB to share your information with Participating Dealers. Those Participating Dealers may use your information pursuant to their own privacy policies. By requesting an Offer, you represent and warrant that the information you provide is accurate and not false or misleading, that you are the sole owner of any images you submit in connection with the Offer, and that the images will not violate the intellectual property rights of any third party, including copyright or other intellectual or proprietary rights.
collect information about others without their consent;, paragraph 31 · Citation strength: strong
Cancellation & Renewal
2 findings
Terms related to account termination, subscription changes, and renewal policies.
medium90% confidence
Account closure or access suspension for inaccurate information
Failure to provide accurate and timely information during registration may lead to your account being closed, and/or your access to content through your account being suspended, discontinued, or removed.
Why it matters: Your account and access to services may be terminated if the information you provide during registration is not accurate or timely.
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.
collect information about others without their consent;, paragraph 24 · Citation strength: strong
medium90% confidence
Company can terminate 'Kelley Buys Your Car' Offer without liability
Kelley Blue Book (or its affiliates) may terminate or withdraw a 'Kelley Buys Your Car' Offer without liability if required documentation is not received on time, inspection reveals undisclosed material defects, or if the company determines that completing the purchase would violate applicable law or expose them to unreasonable risk.
Why it matters: Your 'Kelley Buys Your Car' Offer can be canceled without the company being liable if certain conditions, such as timely documentation or accurate vehicle disclosure, are not met, or if the company perceives a legal/risk issue.
Kelley Blue Book (or its affiliates) may terminate or withdraw a Kelley Buys Your Car Offer without liability if: (i) required or adequate documentation is not received within stated timeframes; (ii) inspection reveals undisclosed material defects; or (iii) Kelley Blue Book (or its affiliates) determines, in its sole reasonable discretion, that completing the purchase would violate applicable law or expose Kelley Blue Book (or its affiliates) to unreasonable risk.
collect information about others without their consent;, paragraph 42 · Citation strength: strong
Gotchas
1 finding
Potentially overlooked clauses that could be unfavorable to the user.
Not clearly stated: The terms specify that listing fees are 'generally not refundable' but do not detail under what specific conditions they might be refunded, only referencing a section in 'Terms of Sale' not provided in the excerpt.
medium90% confidence
Listing fees are generally not refundable
Listing fees for selling a vehicle on KBB.com are generally not refundable. If you enter incorrect information for the vehicle's year, make, model, or VIN, you will have to delete the listing and purchase a new one to create an accurate listing.
Why it matters: You will likely lose your listing fee if you make an error in your vehicle's information, as refunds are generally not provided for incorrect entries, requiring you to pay again for a new 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.
collect information about others without their consent;, paragraph 59 · Citation strength: strong
Protections
0 findings
Explicit commitments or features that benefit the user.
✓
Looking good
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