Terms of Use

Welcome! Please take a moment to scroll down and read these Terms of Use.

THESE TERMS OF USE CREATE AN ENFORCEABLE CONTRACT THAT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THE SITE.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.

Acceptance.

These Terms of Use state the terms and conditions under which you may use the KBA website located at www.kbalease.com (the “KBA Site”), the KBA services login website for KBA Subscribers separately provided to you (the “Login Site”) (the KBA Site and the Login Site may be referred to herein collectively as the “Sites”) and all Content (as defined hereinafter) and Services (as defined hereinafter) available therein. Please read these Terms of Use carefully.  The Sites contain materials, such as data, text, graphics, images, sound recordings, audiovisual works, blogs, news, reports, and other materials provided by KBA (the “Content”). By browsing the KBA Site as a visitor (“Visitor”), or accessing and using the Services (defined below) available on the Login Site as a registered user (“Subscriber”), you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use.  By accessing the Login Site you also represent that you are an authorized Subscriber of our Services. KBA Lease Services (“KBA,” or “We”) reserves the right to amend these Terms of Use at any time and from time to time without notice. If you use the Sites after revised Terms of Use have been posted, you will be deemed to have agreed to such Terms of Use.

Services.  

KBA provides an online, web-based lease administration application and platform via the Login Site (the “Services”).

For Visitors to KBA Site.   

You are welcome to browse the KBA  Site and see what the Services are all about without paying any fees.

For Login Site Subscribers.    

In order to access and use the Services on the Login Site, you or your employer must register with us by executing applicable written agreements (collectively, the “Services Agreements”). During the registration process, you may be required to provide us with your contact information, including, but not limited to, your name, company, email address, telephone and mailing address.  We will authorize your access to our Services by issuing a user login (the “KBA ID”) and a user password (the “Password”) to you.

Subscriber’s/Visitor’s Responsibilities.

You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your information (the “Company Data”) and of the means by which You acquired it, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify KBA promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with these Terms of Use and applicable laws and government regulations. You may not access the Services if you are KBA’s direct competitor, except with KBA’s prior written consent.  In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.  You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent, lease, copy, frame or mirror any part or content of the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (f) attempt to gain unauthorized access to the Services or their related systems or networks, (g) create derivate works based on the Services and/or reverse engineer the Services,  (h) access the Services in order to build a competitive product or service, or (i) copy any features, functions or graphics of the Services.  As used herein, a “User” is either You or an individual who is authorized by You to use the Services and who has been supplied a user identification and password by You (or by KBA at Your request). Users may include but are not limited to Your employees, consultants, contractors and agents; or third parties with which You transact business.

Future Upgrades. 

KBA shall have the right, in its sole discretion, to: (a) prepare new versions of the Services (or any part thereof) that KBA generally makes available to its other customers (“Update Releases”); (b) determine whether Update Releases shall be included in the Services hereunder; (c) change some or all of the functionality of any component of the Services; (d) make any modification to improve performance and service quality, address error correction and legal requirements or to maintain the competitiveness of the Services; and (e) incorporate into the Services any change at any time.

Intellectual Property Rights.   

You acknowledge that the Sites and Content are owned by KBA, and protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of KBA or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks.   

“KBA Lease Services” is a registered trademark of KBA, or its affiliate. Other company, product, and service names and logos used and displayed on the Sites may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to KBA. Except as otherwise expressly provided herein, or pursuant to the Terms and Conditions, your use of the Sites does not grant to you a license to any content or materials you may access on the Sites.  Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our written permission or that of the third party rights holder.

Copyright Complaints.

If you believe the Sites contain any Content that infringes your copyright, please see our Copyright Infringement Notification Procedures.

Unsolicited Information.   

By submitting any unsolicited information and materials, including comments, ideas, suggestions, questions, blog postings, and other similar communications (collectively, “Unsolicited Information”) on the KBA Site or the Login Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the KBA Site or the Login Site. We reserve the right, in our sole and absolute discretion, to edit or remove any Unsolicited Information posted on the KBA Site or the Login Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. KBA, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, KBA and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the KBA Site or the Login Site for any purpose whatsoever, including, but not limited to, developing, and marketing products. By submitting any Unsolicited Information, you are granting KBA a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information without notice or obligation to you.

Links to Other Web Sites.

The Sites may periodically provide links to third party websites (“Third-Party Sites”). This Agreement governs only the Sites and not any Third Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site.

Security of the Sites.

Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution. While KBA has no obligation to do so, KBA explicitly reserves the right to view, monitor, and record activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Sites. KBA will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information. KBA reserves the right, in its sole and absolute discretion for any reason or no reason, to remove or modify any Unsolicited Information, Content, posting, or any other element of the Sites or the Services, without notice or permission from you. 

DISCLAIMER OF WARRANTIES. 

YOU ACKNOWLEDGE AND AGREE THAT THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND KBA, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “KBA PARTIES”) HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NONE OF KBA PARTIES WARRANT THAT THE SITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF THE KBA PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITES OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL KBA PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF KBA  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL KBA PARTIES LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, THE TOTAL AMOUNT PAID BY YOU HEREUNDER DURING THE 1 MONTH PRECEDING THE DATE SUCH CAUSE OF ACTION ARISES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS KBA PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES, THE SERVICES OR THE CONTENT IS TO STOP USING THE SITES.

LIABILITY ARISING UNDER THE TERMS OF USE AND PRIVACY POLICY IS EXCLUSIVE OF THE LIABILITY ARISING UNDER THE SERVICES AGREEMENTS.

Indemnification.

You agree to defend, indemnify and hold the KBA Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Sites, the Services, the Content orany violation of these Terms of Use.

Use of Personal Data. 

Your use of the Sites may involve the transmission of your personally-identifiable information (“Personal Data”) to us via the Sites. Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Termination. 

We reserve the right, in our sole and absolute discretion, to change, restrict, suspend, or terminate these Terms of Use, your access to all or any part of the Sites and/or the Content at any time and for any reason or no reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of this Sites or Content at any time without prior notice or liability. You may terminate these Terms of Use at any time upon the provision of written notice to us by email to: support@visuallease.com, or via hard copy mail directed to: 1000 U.S. Highway 9, Woodbridge, New Jersey 07095.  Attention: President.  Your written notice to terminate shall become effective on our receipt of such notice and you may not access or use the KBA Site once you send such notice. If the Services are terminated in accordance with the Services Agreement, then your access to the Login Site will automatically terminate.

Miscellaneous.

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled limitation of liability, indemnification, miscellaneous shall survive the termination of these Terms of Use. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. You expressly absolve and release KBA Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through the Sites shall be governed by and construed in accordance with the laws of the State of New Jersey. Except for proceedings commenced by KBA to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the state of New Jersey. These Terms of Use contain the entire agreement of the parties concerning the Sites, the Services, and the Content and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Sites.  Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Sites that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by KBA and its licensors.

Thank you for your cooperation. Questions or comments regarding the Sites, including any reports of non-functioning links, should be submitted using our email address support@visuallease.com, or via U.S. mail to 1000 U.S. Highway 9, Woodbridge, New Jersey 07095. We try to answer every email and piece of correspondence in a timely manner but are not always able to do so.

Last updated: August 9, 2012