1  —  Acceptance of these terms

 

These Terms of Use ("Terms") constitute a legally binding agreement between you and Kinsbursky Bros. Supply, Inc. d/b/a KBI Recycling ("KBI," "we," "us," or "our"), a California corporation headquartered at 125 E. Commercial Street, Anaheim, CA 92801.

 

By accessing or using any of our websites — including www.kbirecycling.com, batteries.kbirecycling.com, and cats.kbirecycling.com — or by submitting any form or request through those websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

 

If you do not agree to these Terms, you must immediately stop using our websites and digital properties.

 

Important: If you are accessing our websites on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" refers to that entity.

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2  —  Scope of these terms

These Terms apply to all websites and digital properties operated by KBI, including:

• www.kbirecycling.com — our main corporate website

• batteries.kbirecycling.com — our battery recycling services website

• cats.kbirecycling.com — our catalytic converter recycling website, including the KBI CatApp access request portal

 

These Terms also extend to the KBI Cat App mobile application (available on iOS and Android) to the extent it is accessed through or in connection with the cats.kbirecycling.com access request process. Additional terms specific to the Cat App are set forth in Section 7.

 

These Terms do not govern any offline transactions, service agreements, purchase orders, or contracts between KBI and its customers, which are governed by the terms of those separate agreements.

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3  —  Eligibility and permitted users

Our websites are intended for use by businesses and adults operating in a commercial context, including automotive recyclers, fleet operators, battery distributors, industrial companies, and other commercial entities. Use of our websites is not directed at consumers acting in a personal, family, or household capacity.

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By using our websites, you represent and warrant that:

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• You are at least 18 years of age;

• You have the legal capacity to enter into a binding agreement;

• You are using the websites for lawful business purposes only; and

• Your use of the websites does not violate any applicable law or regulation.

 

Visitors of any age may browse our websites for general informational purposes. However, if you are under the age of 18, you may not submit any form, request access to the KBI Cat App, or otherwise provide personal information through our websites without the consent of a parent or legal guardian. Our websites are not directed at minors, and we do not knowingly collect personal information from individuals under 18. If you believe we have received personal information from a minor without appropriate consent, please contact us at privacy@kbirecycling.com and we will promptly delete it.

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4  —  Intellectual property

KBI's ownership
 

All content on our websites — including but not limited to text, graphics, photographs, logos, icons, data, software, and the overall look and feel of the sites — is owned by or licensed to Kinsbursky Bros. Supply, Inc. d/b/a KBI Recycling and is protected by United States copyright, trademark, and other applicable intellectual property laws.

 

The KBI name, logo, and all related marks, trade names, and service names are trademarks or registered trademarks of Kinsbursky Bros. Supply, Inc. Unauthorized use of any KBI mark is strictly prohibited.

 

Limited license to users

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Subject to your compliance with these Terms, KBI grants you a limited, non-exclusive, non-transferable, revocable license to access and use our websites solely for your internal business purposes. This license does not include the right to:

• Copy, reproduce, distribute, publish, or create derivative works from any content on our websites;

• Scrape, harvest, or systematically extract data from our websites by automated means;

• Remove or alter any copyright, trademark, or other proprietary notices; or

• Use our content for any commercial purpose other than evaluating or engaging KBI's services.

 

 

Any use of our content beyond this limited license requires the prior written consent of KBI. Requests may be directed to legal@kbirecycling.com.

 

User-submitted content

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When you submit information through any of our contact forms or the Cat App access request form, you grant KBI a non-exclusive, royalty-free license to use that information for the purposes described in our Privacy Policy. You represent that any information you submit is accurate and that you have the right to provide it.

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5  —  Permitted use of the websites

 

You may use our websites to:

• Learn about KBI's battery and catalytic converter recycling services;

• Contact KBI through our contact forms for legitimate business inquiries;

• Locate KBI facilities using the store locator map;

• Request access to the KBI CatApp if you are a licensed business; and

• Access industry resources and membership information linked from our sites.

 

All use of our websites must comply with these Terms and all applicable local, state, federal, and international laws and regulations.

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6  —  Prohibited conduct

You agree not to use our websites to:

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• Submit false, misleading, or fraudulent information through any form or request;

• Impersonate any person or entity or misrepresent your affiliation with any person or entity;

• Attempt to gain unauthorized access to any portion of our websites, servers, or systems, including the KBI Cat App, by any means;

• Interfere with or disrupt the operation of our websites or the servers or networks connected to them;

• Upload or transmit viruses, malware, or any other malicious code;

• Use automated tools, bots, scrapers, or spiders to access, collect, or index content from our websites without our express written consent;

• Reverse engineer, decompile, or disassemble any software or technology used on our websites;

• Use our websites in any manner that could damage, disable, overburden, or impair KBI's infrastructure;

• Harvest or collect contact information or other data about other users or KBI personnel from our websites;

• Use our websites to transmit unsolicited commercial communications (spam); or

• Violate any applicable law, regulation, or the rights of any third party.

 

KBI reserves the right to investigate violations of these Terms and to cooperate with law enforcement authorities in prosecuting users who engage in prohibited conduct. We may terminate or restrict your access to our websites at any time, without notice, for conduct that we determine violates these Terms or is otherwise harmful to KBI, other users, or third parties.

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7  —  Cat App access terms

The KBI Cat App is a proprietary mobile application that provides approved customers with access to KBI's catalytic converter pricing, grading, and transaction data. Access to the Cat App is restricted to licensed businesses that have been reviewed and approved by KBI in its sole discretion.

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Eligibility for access

 

To be eligible for Cat App access, you must:

• Be a licensed business operating in the automotive recycling, salvage, or related industry;

• Submit a complete and accurate access request through cats.kbirecycling.com; and

• Receive written approval from KBI confirming your access credentials.

 

KBI reserves the right to approve or deny any access request for any reason, and to revoke approved access at any time, with or without cause.

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Confidentiality of Cat App data

 

Pricing, grading, and transaction data accessible through the Cat App is proprietary and confidential. By accessing the Cat App, you agree that:

• You will not share, distribute, publish, or disclose any Cat App pricing or data to any third party without KBI's prior written consent;

• You will not use Cat App data for any purpose other than evaluating or conducting transactions with KBI; and

• You will take reasonable steps to prevent unauthorized access to your Cat App credentials.

 

Credential security

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You are responsible for maintaining the confidentiality of your Cat App login credentials. You agree to notify KBI immediately at legal@kbirecycling.com if you become aware of any unauthorized use of your credentials or any other security breach. KBI is not liable for any loss or damage arising from your failure to maintain the security of your credentials.

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Termination of access

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KBI may suspend or terminate your Cat App access at any time if we determine, in our sole discretion, that you have violated these Terms, misused Cat App data, submitted false information in your access request, or for any other reason. Upon termination, you must immediately cease all use of the Cat App and destroy any Cat App data in your possession.

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8  —  Accuracy of information

KBI makes reasonable efforts to ensure that the information on our websites is accurate and up to date. However, we do not warrant or guarantee the accuracy, completeness, timeliness, or reliability of any content on our websites, including but not limited to:

• Service descriptions, pricing indications, or availability of any recycling service;

• Regulatory compliance guidance or environmental information;

• Facility locations, hours, or contact information; and

• Links to third-party resources or industry associations.

 

Information on our websites is provided for general informational purposes only and does not constitute professional, legal, environmental, or financial advice. You should not rely solely on information found on our websites when making business decisions. Contact KBI directly for current, accurate service and pricing information.

 

9  —  Third-party links and services

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Our websites contain links to third-party websites and services, including industry associations such as IPMI (ipmi.org) and ARA (a-r-a.org), the Apple App Store and Google Play Store for Cat App downloads, and the Located Store Locator Map service. These links are provided for convenience only.

 

KBI does not control, endorse, or accept responsibility for any third-party websites or their content, privacy practices, or terms of service. Accessing any third-party link is at your own risk. We encourage you to review the terms and privacy policies of any third-party site you visit.

 

Our websites are hosted on the Wix platform. Wix's own terms of service and privacy policy govern Wix's relationship with KBI as a platform provider and do not create any obligations or rights between Wix and you as a visitor to our websites.

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10  —  Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITES AND ALL CONTENT, FEATURES, AND SERVICES AVAILABLE THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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KBI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

• WARRANTIES THAT OUR WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON OUR WEBSITES; AND

• WARRANTIES THAT ANY DEFECTS IN OUR WEBSITES WILL BE CORRECTED.

 

Some jurisdictions do not allow the exclusion of implied warranties. To the extent such exclusions are not permitted under applicable law, the above exclusions apply to you only to the maximum extent permitted.

 

11  —  Limitation of liability

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINSBURSKY BROS. SUPPLY, INC. D/B/A KBI RECYCLING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;

• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; OR

• ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OUR WEBSITES OR THE CATAPP,

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EVEN IF KBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

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IN NO EVENT SHALL KBI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR WEBSITES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID KBI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, IF ANY.

 

Some jurisdictions do not allow limitations on liability for certain types of damages. To the extent such limitations are not permitted under applicable law, the above limitations apply to you only to the maximum extent permitted.

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12  —  Indemnification

You agree to defend, indemnify, and hold harmless Kinsbursky Bros. Supply, Inc. d/b/a KBI Recycling, and its officers, directors, employees, agents, and successors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to our websites or the Cat App;

• Your violation of these Terms;

• Your violation of any applicable law or regulation;

• Any false or misleading information you submit through our websites; or

• Your infringement of any intellectual property or other right of any person or entity.

 

KBI reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with KBI in asserting any available defenses.

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13  —  Governing law and dispute resolution

Governing law

 

These Terms and any dispute arising out of or relating to them or your use of our websites shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

 

Venue

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Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Orange County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue in those courts.

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Informal resolution

 

Before initiating any formal legal proceeding, you agree to first contact KBI at legal@kbirecycling.com and provide a written description of the dispute, the relief sought, and your contact information. The parties will attempt in good faith to resolve the dispute informally within thirty (30) days of receipt of that notice. Nothing in this section prevents either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

 

Waiver of jury trial

 

TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR WEBSITES.

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14  —  Changes to these terms

KBI reserves the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we will provide additional notice (such as a prominent notice on our websites' homepages) for at least thirty (30) days before the changes take effect.

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Your continued use of any of our websites after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our websites.

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We also reserve the right to modify, suspend, or discontinue any aspect of our websites at any time without notice or liability.

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15  —  Contact us

 

If you have any questions about these Terms of Use or wish to report a violation, please contact us:

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Legal contact — KBI Recycling

• Email: legal@kbirecycling.com

• Phone: 1-800-548-8797

• Mail: Kinsbursky Bros. Supply, Inc. d/b/a KBI Recycling, Attn: Legal, 125 E. Commercial Street, Suite A, Anaheim, CA 92801

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Hours: Monday–Friday, 7:00 AM – 4:30 PM (PT)