Privacy Policy

Welcome to WhatsMyUpgrade. Our primary goal is to make your vehicle ownership more enjoyable, economical, and convenient by combining all your automotive needs in a single personalized location.

Please read the following Terms of Use (the "Terms of Use") which govern your use of this website (referred to herein as the "Service" or "Website") and your relationship with WhatsMyUpgrade, Affiliates, Sponsoring Businesses, and all individuals and companies associated with this website (collectively referred to as "WhatsMyUpgrade" or "We"). If you do not agree to these Terms of Use, do not use the Service. We may change the Terms of Use from time to time and at any time without notice to you, by posting such changes on this Website. By using the Service following any modifications to these Terms of Use, you agree to be bound by any such modifications to the Terms of Use. Please check this page periodically for updates and changes.

Use of this Website, means that you accept and agree to these Terms of Use.

*Service Content*

WhatsMyUpgrade, its affiliates, or third party content providers are the owners and/or authorized users of any trademark, registered trademark and/or service mark appearing on the Service, and are the copyright owners or licensees of the content and/or information on the Website, unless otherwise indicated. The Service does not grant to you a license to any content, features or materials you may access on this Website. You may not download or save a copy of any of the content or screens except as otherwise provided in this Terms of Use, for any purpose. You may, however, print a copy of the information from this Website solely for your personal use or records. If you make other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Website.

*Third-Party Content*

Third Parties licenses certain content provided by the Services to WhatsMyUpgrade. Your rights to use such content along with any and all WhatsMyUpgrade information contained within the Services (the "Content") are limited by the terms of this Agreement, and such rights shall terminate immediately upon termination of this Agreement.

In connection with your use of the Services, you are granted a limited license to access and use the Content on a vehicle-by-vehicle look-up basis, provided that you shall not, and shall not permit others, including but not limited to third parties, to directly or indirectly (i) alter or copy in any form or medium all or any part of the Content contained in the Service, nor make such Content part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the Content; (iii) use the Content to facilitate the generation of collision repair estimates; (iv) lease, license, sell, or otherwise publish, communicate, distribute or display to third parties in any form or medium all or any part of the Content, (v) create any publications, in electronic, printed or other format, based in whole or in part of the Content, alone or in combination with any other Content; (vi) download the Content (other than the data obtained on a vehicle-by-vehicle look-up basis) or transmit the Content electronically by any means; (vii) remove any product identification, copyright, trademark or other notice from the Content or the Documentation; (vii) use any graphics contained in the Content other than as specifically granted above; or (ix) reverse engineer, reverse assemble, or reverse compile the Content or the Services.

You agree that the Content contained in the Services contain confidential information, and that WhatsMyUpgrade and/or its Third Party licensees own all rights in the Content contained within the Services, including without limitation, all copyright and other proprietary rights.

Links from and to the Service*

You acknowledge and agree that the Service and any of its Website sponsors or advertisers have no responsibility for the accuracy or availability of information provided by linked Websites. Links to external Websites do not constitute an endorsement by the Service or its Website sponsors or advertisers of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

*Changes to Service*

We reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See "Links from and to the Service".) The content of this Website may vary depending upon your browser functionality and limitations.

*Termination of Use*

Use of this Service may be terminated at any time, and without cause, by either the Service, the Sponsoring Business or the Subscriber without notification. You acknowledge and agree that we may terminate your password or account, if any, or deny you access to all or part of the Service without prior notice, in our sole discretion.

*User Conduct on the Service*

While using the Service, you may not:

1. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or

2. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or

3. Upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or

4. Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

5. Upload, post, publish, transmit any Visitor-Submitted Content that contains personally identifiable information ('PII') about other people, such as their phone number, street address or e-mail address, or information about other people that could result in an invasion of their privacy or their harassment.

6. Restrict or inhibit any other user from using and enjoying the Service; or

7. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service) or engage in spamming or flooding; or

8. Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or

9. Post or transmit any information or software, which contains a virus, trojan horse, worm or other harmful component.

We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service and/or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message accept as agreed to in accordance with our Privacy Policy or as required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

*Visitor-Submitted Content*

You agree that, by submitting any Visitor-Submitted Content to us, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that Visitor-Submitted Content throughout the world for any purpose and in any media. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Visitor-Submitted Content. If we publish your Visitor-Submitted Content or authorize or license others to do so, your Visitor-Submitted Content may be edited for length or clarity or for any other reason either before or after it is published, and it may be attributed to you and may include your name and city unless you expressly request that you remain anonymous. We reserve the right (but not the obligation) to remove any Visitor-Submitted Content for any reason from the Service.

The Service shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed to by the Service in accordance with our Privacy Policy or as required by law.

*Electronic Communications*

When you visit the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or that you provide to us electronically satisfy any legal requirement that such communications be in writing.

*Liability and Warranty Disclaimers*

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

All maintenance schedules, vehicle resale values, vehicle prices, incentives and rebate information, and other information displayed on the Service are gathered from sources and based on algorithms that are believed by us to be reliable, but no assurance can be given that this information is accurate, complete or current. We do not assume any responsibility for errors or omissions or warrant the accuracy of this information. Before servicing or purchasing any vehicle or other goods or services you read about on the Service, you should confirm with the manufacturer, dealer or vendor any information (including but not limited to, the maintenance requirements, applicable vehicle recalls, price and available incentives or rebates) that is important to your decision.

The Service links to many other Web sites not operated by us, including sites where you can obtain automotive products and services such as new and used vehicles and vehicle financing, insurance and warranties. While we encourage you to consult such sites, we are not responsible for the products or services those vendors provide and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those vendors.

We also provide links to Web sites operated by vehicle manufacturers, distributors and dealerships. We are not responsible for any of the content that appears on those sites, including any promotional contests or sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any sweepstakes or contest offer that may be promoted from time to time by other companies or that may be accessible through links from this Web site.

Through our Service, we may collect Personally Identifiable Information (ÒPIIÓ) about you and transmit that information to sponsoring businesses in accordance with our Privacy Policy. Those sponsoring businesses are not affiliated with WhatsMyUpgrade or any of the other media companies for whom we host "co-branded" versions of any of the Services. The services of these sponsoring businesses are provided on an "as is" basis; neither we nor such other media companies make any representation or warranty concerning, or are responsible for, any of the products or services that those sponsoring businesses provide, the manner in which those products or services are provided, or for any use made by those sponsoring businesses of your PII.

*Limitation of Liability*

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE EDMUNDS AUTOMOTIVE NETWORK. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

*Your WhatsMyUpgrade Account*

If you have signed up for an Account on the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in your Account.

*Damages; Indemnification*

You agree that you will be responsible for any damages resulting from any violation of the Terms of Use. You further agree to indemnify and hold WhatsMyUpgrade, and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms of Use, or any violation of any law or the rights of any third party that occurs in connection with the use of the Service by you or users of your account.

*Choice of Law and Forum*

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Iowa, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Terms of Use or your use of the Service shall be in the state or federal courts located in the County of Black Hawk, State of Iowa, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You also agree that in the event of any action to enforce or interpret the Terms of Use, the prevailing party shall be entitled to collect its reasonable attorney fees.

*Miscellaneous*

The failure of the Service to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

*Modification and Severability*

We reserve the right to make changes to the Terms of Use and our other legal notices at any time. By continuing to use this Website following our posting of such changes, you agree to be bound by the Terms of Use as modified. We may change, restrict access to, suspend or discontinue the Service, or any portion of thereof, at any time.

If any of provision of the Terms of Use shall be deemed by a court of competent jurisdiction to be invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of the Terms of Use. Furthermore, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision.

We have created this privacy policy to demonstrate our firm commitment to your privacy and the protection of your information.

*Why did you receive a mailing from us?*

Our email marketing is permission based. If you received a mailing from us, our records indicate that (a) you have expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.

If you believe you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to abuse@WhatsMyUpgrade.com for review.

*How can you stop receiving email from us?*

Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the Unsubscribe link or Update Profile links at the end of any email.

*How we protect your privacy*

We use appropriate security measures to protect against the loss, misuse and alteration of data used by our system.

*Sharing and Usage*

We will never share, sell, or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.

*Use of Web Tags*

When we send you emails, we may include a web tag to allow us to determine the number of people who open our emails. When you click on a link in an email, we may record this individual response to allow us to customize our offerings to you. Web tag collect only limited information, such as a cookie identifier, time and date of a page being viewed, and a description of the page on which the Web Tag resides (the URL).

Web Tags can be refused when delivered via email. If you do not wish to receive Web Tags via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.