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Terms & privacy

Kimberlain Market Intelligence ("KMI") is a private system owned and operated by Kimberlain Motor Group LLC, a California limited liability company ("Kimberlain Motor Group", "we", "us"). These terms apply to anyone who accesses or uses KMI.

Agreement

By creating an account, signing in, or otherwise accessing or using KMI, you agree to these terms. They are a binding agreement between you and Kimberlain Motor Group, and the Confidentiality section below is a non-disclosure agreement. KMI asks you to confirm your agreement before you can use it, and keeps a record of when you did. If you do not agree, do not create an account or access or use KMI.

Authorized use only

KMI is for use only by people Kimberlain Motor Group has authorized, and only for Kimberlain Motor Group's business. Accessing KMI without authorization, or using it beyond what you are authorized to do, is prohibited and may violate federal and California computer crime laws. Use of KMI may be monitored and recorded.

Ownership

Kimberlain Motor Group owns all right, title and interest in KMI and everything in it, including the software, its design, methods, algorithms and models, all data it collects, compiles or produces, and all results, reports and analyses it generates, together with all related intellectual property rights. The names Kimberlain Motor Group, Kimberlain Market Intelligence and KMI and their logos belong to Kimberlain Motor Group.

Your access is a limited, personal, non-transferable and revocable permission. No ownership, license or other right is transferred to you. Anything you contribute to KMI, including labels, notes, corrections and feedback, is assigned to and owned by Kimberlain Motor Group.

Confidentiality (non-disclosure agreement)

Everything in KMI, and everything you learn about how it works, is confidential information of Kimberlain Motor Group, whether or not it is marked confidential. You must keep it confidential and use it only for Kimberlain Motor Group's business. Without Kimberlain Motor Group's prior written permission, you may not:

When your access ends, or whenever Kimberlain Motor Group asks, you must stop using KMI and delete or return any KMI information you have. Your obligations under these terms, including this non-disclosure agreement, continue after your access ends.

Enforcement

Kimberlain Motor Group may suspend or end any access at any time, for any reason, without notice. A breach of these terms would cause Kimberlain Motor Group harm that money alone could not make up for, so Kimberlain Motor Group may seek an injunction or other court order to stop it, in addition to any other remedy available by law, including damages.

No warranty

KMI and everything in it are provided "as is" and "as available". Prices, forecasts, estimates and other information in KMI may be incomplete or wrong and are not guarantees of any result. To the fullest extent the law allows, Kimberlain Motor Group disclaims all warranties and is not liable for any loss or damage arising from the use of KMI or reliance on anything in it.

Privacy

To provide and secure KMI, we collect:

KMI uses cookies only to keep you signed in and secure; it does not use advertising or tracking cookies. KMI does not track you across other websites, so it does not respond to Do Not Track signals differently. We use this information only to operate, secure and improve KMI. We do not sell it. We share it only with service providers that help us operate KMI, under obligations to protect it, or when the law requires.

To ask about or request removal of your personal information, contact a KMI administrator.

General

These terms are governed by the laws of the State of California. Any dispute will be resolved in the state or federal courts located in San Diego County, California, and you consent to their jurisdiction. If any part of these terms cannot be enforced, the rest remains in effect. Kimberlain Motor Group's failure to enforce any part is not a waiver. Kimberlain Motor Group may update these terms at any time; the date at the top shows when they last changed, and continued use means you accept the updated terms.