TERMS OF SERVICE

Introduction

Welcome! These Terms of Service (the "Terms" or the "Agreement") govern your access to and use of www.kialaunches.com (both mobile and online versions) (collectively, the "Site") which is operated by Kia America, Inc. and its parent and affiliate companies (collectively, "Kia," "we," "our," or "us"). These Terms apply to your use of the Site, including your use of any interactive features, widgets, plug-ins, applications, content, downloads, communications, and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Services”). By using the Services, you acknowledge the Privacy Policy and provide your informed, express written consent to the collection, use, and disclosure of your data in accordance with our Privacy Policy.

For the avoidance of doubt, the Terms expressly apply to: (a) your access to and use of the Site; (b) any and all transactions or communications between you and Kia relating to or arising out of the Site, including for the provision or support of any products or services relating to your relationship with Kia, and (c) your access to and use of calculators, research tools, text, pictures, graphics, logos, button items, icons, images, works of authorship, and other information and all revisions, modifications, and enhancements thereto contained in the Site.

IF YOU WANT TO USE THE SERVICES, THEN CAREFULLY READ THESE ENTIRE TERMS (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Services (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. THEREFORE, DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THE TERMS.

The business realities associated with operating the Services are such that, without the limitations that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Services available to you.

By accessing and/or using the Services, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Services or to a service or product offered via the Services (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Services from time to time may be governed by different terms of use.

1. Content, Ownership, Limited License, and Rights of Others

A. Content

The Services contains a variety of: (i) materials and other items relating to Kia, and its vehicles and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, trainings, advertising copy, URLs, technology, software, and interactive features, the “look and feel” of the Services, the compilation, assembly, and arrangement of the materials on the Services, and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Kia and its vehicles (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).

Vehicles shown on the Services are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose or the features available to you; some features may not be available in all areas. Vehicle availability may be limited.

All prices, specification, and equipment are based upon information available at the time of posting and are subject to change without notice. Kia makes no guarantees or warranties, either express or implied, with respect to the accuracy of the Content presented. All pricing on the Services is in U.S. dollars and the vehicles described are offered for sale in the U.S. The Services in no way constitutes an offer to buy or sell vehicles from Kia or to provide financing or leasing. Kia makes reasonable efforts to ensure that the pricing and product information contained on the Services are correct. Prices, product specifications, and all other information shown on the Services are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Most pricing refers to the Manufacturer’s Suggested Retail Price (the “MSRP”). Unless otherwise indicated, MSRP excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer-added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, lease, or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. Contact your selected dealer for the actual price of any vehicle and any applicable terms and conditions that may apply. The promotional programs and/or incentives offered on the Services are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.

B. Ownership

The Services (including past, present, and future versions) and the Content are owned or controlled by Kia, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Services is the property of Kia or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Kia owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.

C. Limited License

Subject to your strict compliance with these Terms and any Additional Terms, Kia grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Kia’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

D. Rights of Others

When using the Services, you must respect the intellectual property and other rights of Kia and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Services, then please see Section 5 below.

2. Service and Content Use Restrictions

A. Service Use Restrictions.

You agree that you will not:

1. Unless authorized by Kia, use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products);
2. Use any meta tags or any other “hidden text” utilizing any Trademarks;
3. Engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Kia;
4. Reverse engineer, decompile, disassemble, reverse assemble, or modify any Services source or object code or any software or other products, services, or processes accessible through any portion of the Services;
5. Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Kia, or other users of the Services;
6. Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the User-Generated Content (defined below);
7. Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users);
8. Use the Services to generate, store, or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to generate, store or transmit material in violation of third-party rights (including, without limitation, privacy, copyright, trademark, and right of publicity) or material that contains inaccurate, misleading, biased, harmful, or discriminatory content;
9. Interfere with or disrupt the integrity or performance of the Services or any Content contained therein;
10. Attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means;
11. (a) Use false or deceptive identities, names, or accounts in connection with the Services, (b) deploy bots, malware, viruses, crawlers, or scrapers on the Services, including, without limitation, for any competitive advantage or to train or manipulate any artificial intelligence models, (c) engage in any activities that are designed to defraud or game Kia or third parties, or (d) deploy, or permit any third party to deploy, any technology on, or in connection with, Kia or Kia branded sites, systems, or services that can enable the tracking of Site or Services activities or users, except with Kia’s prior express written approval;
12. Use the Services to develop machine learning models or related technology; or
13. Otherwise violate these Terms or any Additional Terms.

For clarity, any use of the Services for purposes of monitoring availability, performance, functionality, or pricing, or for any other competitive or commercial purpose, including, but not limited to, benchmarking, reverse engineering, or developing a competing product or service, using crawlers, scrapers, or any other automatic system, software, or tool, is strictly prohibited. Kia reserves the right to block or deny access to the Services to anyone at any time for any reason.

B. Content Use Restrictions.

You also agree that, in using the Services: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Kia or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

C. Availability of Services and Content.

Kia may immediately suspend or terminate the availability of the Services and Content (and any elements and features of them), in whole or in part, for any reason, in Kia’s sole discretion, and without advance notice or liability.

D. Reservation of All Rights Not Granted as to Content and Services.

These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Kia and its licensors and other third parties. Any unauthorized use of any Content or the Services for any purpose is prohibited.

3. Accounts

In order to access or use some (or potentially all) of the features on the Services, you may be required to first register for a user account through our registration process that we make available through the Services. The Services’ practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that:

1. You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;
2. You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, maintain and update it continuously and promptly to keep it accurate, current, and complete;
3. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
4. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password-protected portion of the Services using your name, username, or password;
5. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and
6. You will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

4. Content You Submit and Community Usage Rules

5. Procedure for Alleging Copyright Infringement

1. DMCA Notice. Kia will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Services, then you may send us a written notice that includes all of the following:
   
   

   (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

   (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

   (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Services on which the material appears);

   (iv) your full name, address, telephone number and email address;

   (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

   (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

   (vii) your electronic or physical signature.

2. Counter-Notification. If access on the Services to a work that you submitted to Kia is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

   (i) a legend or subject line that says:  “DMCA Counter-Notification”;

   (ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Services from which the material was removed or access to it disabled);

   (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

   (iv) your full name, address, telephone number, e-mail address, and the username of your account;

   (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

   (vi) your electronic or physical signature.

6. Notices and Questions

Except with respect to notices of alleged copyright infringement (described above) or for demands to arbitrate under the dispute resolution provision (described below), which must be submitted as described in those sections, and unless explicitly stated otherwise in the Site, you may contact us with any notices or questions here. You acknowledge that the provision of customer support is at Kia’s sole discretion and that we have no obligation to provide you with customer support of any kind.

7. Links by You to the Services

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Kia or cause any other confusion, and (c) the links and the content on your website do not portray Kia or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Kia. Kia reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

8. Linked Services; Advertisements; Dealings with Third Parties

A. Linked Services; Advertisements.

The Services may contain links, as part of third-party ads on the Services or otherwise, to or from third-party websites (“Linked Services”), including websites operated by Kia dealers, licensors, licensees, and certain other third parties who may have business relationships with Kia. Kia may have no control over the content, operations, policies, terms, or other elements of Linked Services, and Kia does not assume any obligation to review any Linked Services. Kia does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Kia is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such Linked Services. Finally, Kia will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. Kia disclaims all liability in connection therewith.

B. Dealings with Third Parties.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Kia disclaims all liability in connection therewith.

9. Wireless Features and Text Message Communications

A. Wireless Features.

The Services may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Services’ features and upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

B. Terms of Wireless Features.

You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes.

C. Your Consent to Receive Automated Calls/Texts.

By signing-up for communications from or on behalf of Kia, you are agreeing to receive ongoing and recurring informational and/or marketing messages from Kia and/or third-parties acting on our behalf, at the telephone number(s) you provide, including, but not limited to, text messages (such as SMS, MMS, RCS or successor protocols or technologies) (collectively, “Messages”) sent using an autodialer and/or any other automated system or method. Message frequency varies. These Messages may include informational and/or promotional content, including coupons, advertisements, events, polls, giveaways, cart reminders, delivery reminders and/or your relationship with Kia, and may be sent after regular business hours. You understand that you do not have to agree to receive automated marketing Messages as a condition of purchasing any goods or services. While you consent to receive Messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the Messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). You acknowledge that Messages may be sent to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive Messages from or on behalf of Kia, even if you terminate your relationship with us, except if you opt-out. You can stop receiving messages at any time by following the Opt-Out Instructions below. For help, text HELP in response to any Message from us or contact us here.

1. Provision of Telephone Numbers and Other Contact Information. You verify that any contact information you provide to Kia, our respective agents and affiliates, including, but not limited to, your name, mailing address, email address, and telephone number(s), is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide and are prohibited from providing a number that is not your own. If your contact information changes, including ownership of your telephone number(s), you agree to immediately notify us before the change goes into effect, including by texting STOP to any Message you receive from us. In the event that you get a new telephone number, you will need to contact us here to update the phone number associated with your account.
2. Opt-Out Instructions. Your consent to receive automated and/or telemarketing Messages is completely voluntary. You may opt-out at any time by replying “STOP” to any Message or by contacting us here. Please allow up to ten (10) business days (unless otherwise required by law) to process your request.
3. Call Recording and Monitoring. You acknowledge that communications, including telephone calls, voicemails, and Messages may be monitored and recorded and you consent to such monitoring and recording.
4. Fees and Charges. There is no fee to receive Messages from us, but messaging and data rates may apply and are your responsibility. Your obligations under this provision survive termination.
5. Unauthorized Use of Your Telephone Device. You must notify us immediately of any breach of security or unauthorized use of your telephone device.
6. MMS Disclosure. Kia will send SMS terminating messages if your mobile device does not support MMS messaging.
7. Participant Requirements. You must have a compatible wireless device, use a participating carrier, and have text messaging service.
8. Age Restriction. You may not sign up for Messages if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18), you must have a parent’s or legal guardian’s permission.

10. Resolving Disputes by Binding Arbitration

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING KIA’S CUSTOMER CARE CENTER AT 1-800-333-4KIA (4542). IN THE UNLIKELY EVENT THAT KIA’S CUSTOMER CARE CENTER IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis to the maximum extent permitted by law; class arbitrations, class actions, or representative arbitrations are not permitted.

Kia will pay all administrative costs of the arbitrator, no matter who wins, so long as your claim is not frivolous or brought in bad faith. However, in arbitration, both you and Kia will be entitled to recover attorneys’ fees from the other party to the same extent as you would be in court.

A. Arbitration Agreement.

Kia and you agree to arbitrate any and all disputes and claims between us arising out of or relating to the Services or the Terms, use of the Site, or products, services, or programs you purchase, enroll in, or seek support for, to the maximum extent permitted by law. This agreement to arbitrate is intended to be broadly interpreted. However, disputes relating to copyrights or other intellectual property are excluded and may be brought in a court of competent jurisdiction.

This arbitration agreement includes, but is not limited to, claims based in contract, tort, warranty, statute, fraud, misrepresentation, advertising, TCPA claims, data privacy or information security claims, vehicle-related claims, and claims arising after termination of these Terms.

For purposes of this provision, references to “Kia,” “you,” and “us” include our parents, subsidiaries, affiliates, agents, employees, predecessors, successors, assigns, and users. Either party may bring an individual action in small claims court. By entering this Agreement, you and Kia waive the right to a jury trial and participation in class or representative actions to the maximum extent permitted by law.

B. Written Notice of Dispute.

A party seeking arbitration must first send a written Notice of Dispute (“Notice”) by certified mail. Notices to Kia must be sent to: Kia America, Inc., Attn: Legal Department - Arbitration, 111 Peters Canyon Road, Irvine, CA 92606. The Notice must describe the claim and the relief sought (“Demand”). If the dispute is not resolved within 30 days, arbitration may commence.

Arbitration proceedings shall remain confidential except as necessary for court intervention. You may obtain additional information at www.adr.org.

C. Mass Arbitration.

“Mass Arbitration” means 25 or more arbitration demands filed within 180 days that assert similar claims and are coordinated. Such arbitrations will be grouped and administered in batches under specific rules depending on volume, with one arbitrator per batch.

The parties agree to cooperate in good faith with the arbitration provider. Disputes regarding administration shall be resolved by a Process Arbitrator under AAA Mass Arbitration rules. If any portion of this subsection is unenforceable, the remainder shall be enforced to the fullest extent permitted by law.

D. Filing Fees.

After Kia receives Notice, Kia will reimburse your arbitration filing fee. Arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement.

E. Discovery.

Discovery and exchange of non-privileged information shall be governed by the AAA Rules.

F. No Class Action Matters.

YOU AND KIA AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over class proceedings. If this provision is unenforceable, the arbitration clause shall be null and void as specified herein.

G. Jurisdictional Issues.

Except where arbitration is required, disputes may only be brought in state or federal courts in Orange County, California. You and Kia consent to exclusive jurisdiction and venue in those courts.

H. Governing Law.

These Terms and any Additional Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

11. Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permitted by law, Kia, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, the “Kia Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

• (a) the Services (including the Content and the User-Generated Content);
• (b) the functions, features, or any other elements on, or made accessible through, the Services;
• (c) any products, services or instructions offered or referenced at or linked through the Services;
• (d) security associated with the transmission of your User-Generated Content transmitted to Kia via the Services;
• (e) whether the Services, or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
• (f) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
• (g) whether any defects to, or errors on, the Services will be repaired or corrected;
• (h) whether your access to the Services will be uninterrupted;
• (i) whether the Services will be available at any particular time or location; and
• (j) whether your use of the Services are lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A KIA PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE KIA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. The above disclaimers apply to the fullest extent permitted by applicable law.

12. Limitations of Our Liability

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY KIA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

• (a) the Services (including the Content and the User-Generated Content);
• (b) any communications (including text messages) you receive from Kia or the Services;
• (c) your use of or inability to use the Services, or the performance of the Services;
• (d) any action taken in connection with an investigation by Kia Parties or law enforcement authorities regarding your access to or use of the Services;
• (e) any action taken in connection with copyright or other intellectual property owners or other rights owners;
• (f) any injury you sustain directly or indirectly as a result of your use of the Services;
• (g) any errors or omissions in the Services’ technical operation; or
• (h) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Kia Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you. The above disclaimers apply to the fullest extent permitted by applicable law.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIA PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID KIA TO ACCESS THE SERVICES OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

13. Amendments

This Agreement may be updated from time to time. You should check this website regularly for updates to this Agreement. Each time you access, use, or sign-in to any of the Services, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to the Site, delivered to you, or reasonably made available to you in writing by Kia. However, no unilateral amendment will retroactively modify the parties' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing.

14. General Provisions

A. Kia’s Consent or Approval

As to any provision in these Terms or any Additional Terms that grant Kia a right of consent or approval, or permit Kia to exercise a right in its “sole discretion,” Kia may exercise that right in its sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by Kia without being in writing and signed by an officer of Kia.

B. Indemnity

You agree to defend, indemnify, and hold the Kia Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding arising out of or in connection with:

• (i) your User-Generated Content;
• (ii) your use of the Services and activities in connection with the Services;
• (iii) your breach or alleged breach of these Terms or any Additional Terms;
• (iv) your violation or alleged violation of applicable laws, including the Telephone Consumer Protection Act and equivalent state laws;
• (v) information or material transmitted through your Device, even if not submitted by you, including content that infringes third-party rights;
• (vi) any misrepresentation made by you; and
• (vii) Kia Parties’ use of information you submit, including User-Generated Content and Unsolicited Ideas and Materials (collectively, “Claims and Losses”).

You will cooperate fully in the defense of any Claims and Losses. Notwithstanding the foregoing, the Kia Parties retain the exclusive right to settle, compromise, and control the defense of any Claims and Losses. You will not settle any Claims and Losses without the prior written consent of an officer of a Kia Party.

C. Operation of Services; Availability; International Issues

The Services are operated in the United States and are primarily intended for users located in the United States. Kia makes no representation that the Services are appropriate or available outside the United States. If you use the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws. We reserve the right to limit availability of the Services or any related content, product, or feature at any time in our sole discretion. You and Kia disclaim application of the Convention on Contracts for the International Sale of Goods.

D. Severability; Interpretation

If any provision of these Terms or any Additional Terms is deemed invalid or unenforceable, that provision will be severed and the remainder will remain in full force and effect. To the extent permitted by law, you waive any doctrine construing a contract against its drafter. The word “including” means “including, without limitation.” Section headings are for convenience only.

E. Email Communications and Interaction with Chatbots

By entering into this Agreement or using the Services, you expressly agree to receive communications from us, including via email, online message, and push notifications.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

The Site may provide chatbot or managed chat functionality. If you use these features, you agree that we may record and retain transcripts for quality and verification purposes. Chat functionality is limited to product inquiries and may not be monitored in real time. Your use is governed by these Terms and the Privacy Policy.

F. Investigations; Cooperation; Termination; Survival

Kia reserves the right to investigate suspected breaches, cooperate with law enforcement, prosecute violators, discontinue Services, and suspend or terminate access at any time without notice. Upon termination, all rights granted to you cease immediately. Provisions that by their nature should survive will survive termination, including indemnities, disclaimers, limitations of liability, jurisdiction, and arbitration provisions.

G. Assignment

Kia may assign its rights and obligations under these Terms at any time without notice. You may not assign or delegate your obligations without Kia’s prior written consent.

H. No Waiver

No failure or delay in exercising any right will operate as a waiver. Any waiver or modification must be in writing and signed by the party against whom it is enforced.

I. Connectivity

You are responsible for obtaining and maintaining all Devices, equipment, and services necessary to access and use the Services, and for all associated charges.