HP Mars Home Planet Terms of Service

Last Modified: February 2017

Local Motors, Inc. and its subsidiaries and affiliates ("Local Motors", or "we", “us, or “our”, as applicable) provide services and content, including via local-motors.com, localmotors.com, rallyfighter.com and all other web properties owned or operated by Local Motors (collectively, the "Website"), and via mobile device applications (all such services and content, collectively, the “Platform”). Your use of the Platform is subject to the following Terms and Conditions of Service (the "Terms of Service").

These Terms of Service constitute a binding agreement between you and Local Motors governing your use of the Platform and any/all content represented herein. By using the Platform, you signify you understand and agree to both these Terms of Service and the Local Motors Privacy Policy, which is incorporated into the Local Motors Terms of Service, and is accessible at the Website. These Terms of Service apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. Only those who agree to and abide by all applicable laws, and to these Terms of Service, are authorized to use the Platform. Please read these Terms of Service carefully. If you do not agree to these Terms of Service, you may not use the Platform.

The Platform may contain links to third party websites that are not owned or controlled by Local Motors. Local Motors has no control over, and therefore assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Platform, you specifically release and indemnify Local Motors from any and all liability arising from your use of any third-party website.

  1. Amendment to Terms. We reserve the right to amend these Terms of Service from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Service on the Website. We may not notify Platform users of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Service upon each visit to the Website or use of the Platform. You can determine if the Terms of Service have been revised since your last visit by referring to the “Last Modified” date at the top of this document. By continuing to use the Platform, you agree to abide and be bound by any amended Terms of Service.

  2. Limited Right to use the Platform. Local Motors hereby grants you permission to use the Platform as set forth in these Terms of Service, provided that: (i) your use of the Platform as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Platform in any medium without Local Motors' prior written authorization; (iii) you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

  3. Registration. You may view parts of the Platform without registering, but in order to access and use all parts of the Platform, you will be required to register an account with us. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile (or My Account) page. In addition, you agree to immediately notify Local Motors of any unauthorized use of your password or account or any other breach of security. Local Motors cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

    By registering with the Platform, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Local Motors' Platform. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as reasonably possible. If Local Motors suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, your account may be subject to suspension or termination, and you may be barred from using the Local Motors' Platform.

  4. Rules of Service.

    1. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Platform in a manner that sends more request messages to the Local Motors servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Local Motors grants the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Local Motors reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

    2. You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Platform, nor use the communication systems provided by the Platform for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Platform.

    3. You agree not to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity. You may not interfere with the proper working of the Service. You may not access any content on the Platform through any technology or means other than those provided or authorized by the Platform. You agree not to bypass the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein, including but not limited to decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Platform.

    4. Accessing the audiovisual content available on the Platform for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Local Motors Platform to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

  5. Status of Platform. We may, without prior notice, change the Platform, stop providing the Platform or features of the Platform (to you or generally), or create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform without notice or liability to Local Motors, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Service. Upon termination of your access to the Platform for any reason or no reason, you will continue to be bound by the terms of these Terms of Service which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  6. Interactions with other Users. You are solely responsible for your interactions with other Local Motors Users. We reserve the right, but have no obligation, to monitor communications, interactions, and/or disputes between you and other Users. Local Motors shall have no liability for your interactions with other Users, or for any User's action or inaction.

  7. Mobile Software. We may make available software to access the Platform via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Platform. Local Motors does not warrant that the Mobile Software will be compatible with your mobile device. Local Motors hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Local Motors account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Local Motors may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Local Motors or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Local Motors Platform.

  8. Eligibility to Use the Platform. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18, your parent or guardian must agree to these Terms of Service on your behalf, and will be responsible for your use of and access to the Platform; this includes financial responsibility for any items you purchase through the Platform. The Platform is not available to any Users previously removed from the Platform by Local Motors. Any use or access to the Platform by anyone under 13 is strictly prohibited and in violation of these Terms of Service.

  9. Reservation of Rights. Local Motors reserves all rights not expressly granted under these Terms of Service. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.

  10. Intellectual Property

    1. Ownership. The content on the Platform, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for Local Motors, interactive features ("Content") and the trademarks, service marks and logos domain names and other distinctive brand features contained therein ("Marks"), are owned by or licensed to Local Motors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Local Motors or as expressly provided herein. Local Motors reserves all rights not expressly granted in and to the Platform, Marks and the Content contained therein.

      You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein.

      You may choose to, or we may invite you to, submit comments or ideas about the Local Motors Platform, including without limitation about how to improve our Platform (the “Idea”). By submitting your Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Local Motors under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Local Motors does not waive any rights to use similar or related ideas previously known to Local Motors, or developed by its employees, or obtained from sources other than you.

    2. User Submissions. The interactive nature of postings on the Platform makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Local Motors users, and any text, data, files, avatars, designs, competition submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Local Motors, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Platform. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Platform are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

      In connection with your User Content, you affirm, represent and warrant the following:

      • You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Platform and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

      • Your User Content and Local Motors' use thereof as contemplated by these Terms of Service and the Platform will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

      • Local Motors may exercise the rights to your User Content that are granted to Local Motors under these Terms of Service, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

      • All your User Content and other information that you provide to us is truthful and accurate.

      If you choose to post User Submissions on Local Motors Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Platform reflects your respect for the legal rights of users connected with Local Motors. You understand that Local Motors does not guarantee any confidentiality with respect to any User Submission.

      Local Motors expressly disclaims any and all liability in connection with User Submissions. Local Motors reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Local Motors also reserves the right to terminate a user's access to the Platform at any time in its sole discretion and without prior notice.

    3. License for Use of User Submissions. You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. By posting any User Content on the Platform, you hereby expressly grant (and represent and warrant that you have a right to grant) to Local Motors a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and Local Motors' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof including reposting submissions on “white label” sites made for Local Motors' clients) in any media formats and through any media channels; however, Local Motors will only share your personally identifiable information in accordance with our then-current Privacy Policy. You also hereby grant each User of the Platform a non-exclusive license to access your User Content through the Platform, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Platform and under this Agreement.

    4. Ownership of Commercial Rights in User Submissions. Original ideas, design submissions and/or projects provided by you to the Platform are licensed under the Fair Trade Ideas. Any user submissions or work in collaboration including comments and uploads on those ideas, design submissions and/or projects are licensed under the Fair Trade Ideas License.

      User Submissions to a Challenge are governed by the additional Design Submission Terms and Conditions,

  11. Trademarks. The trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items, used to identify or distinguish Local Motors, its business, community and/or products, including without limitation all logos and all product and vehicle designs and features (collectively, the "Trademarks") displayed on the Site constitute the valuable intellectual property of Local Motors and its licensors and, in certain instances, the registered and unregistered trademarks of Local Motors and its licensors. You agree that you will not refer to or attribute any information to Local Motors or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Local Motors or its licensors, except as expressly permitted by law.

  12. Digital Millennium Copyright Act; Notices of Infringement and Takedown by Local Motors

    It is Local Motors' policy to (a) block access to or remove any content from the Platform that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users; and (b) remove and discontinue service to repeat offenders.

    If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

    By mail:

    DMCA Designated Agent
    Copyright Infringement
    Local Motors, Inc.
    1576B S. Nelson Dr.
    Chandler AZ 85226

    By fax:

    617-977-8600

    Local Motors will review and process your notification, as well as any counter-notification (if received), in compliance with the DMCA.

  13. RULES OF CONDUCT.

    1. The following rules of conduct apply to your use of the Platform and to any and all materials you post on the Platform, including User Submissions whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Platform.

      You may not upload, post, email or otherwise transmit in connection with the Platform any User Submission which:

      • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized (except to iterate when given express permission);

      • infringes or violates any patent, copyright, trademark, trade secret or other intellectual property right;

      • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

      • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;

      • constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;

      • violates or encourages others to violate any applicable law, statute, ordinance or regulation;

      • promotes software or services that deliver unsolicited e-mail or other ; or

      • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.

      You may not, except with Local Motors' express advance authorization or in a specially designated area, use the Platform to:

      • upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address;

      • iterate on other users design submissions;

      • form a team towards a contest;

      • engage in commercial activities within the Platform;

      • harm minors in any way;

      • solicit personal information from anyone under 18;

      • provide false or deceptive information;

      • use Local Motors content to engage in commercial activities;

      • delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so;

      • allow usage by others in such a way as to violate Local Motors' Terms of Service; or

      • violate the Local Motors Ethical Behavior Guidelines shown below.

    2. Ethical Behavior Guidelines. Though rare, Local Motors recognizes that in certain occasions the use of work or the comments or the images on the Local Motors website can be a tool for someone to behave in an unethical, offensive, or injurious manner. In many cases, even this behavior is misunderstood or mislabeled and can be cleared up with a frank discussion. Unfortunately, there are times where the behavior is deliberate and inexcusable and requires swift action. This policy is meant to deal with identifying and remedying those situations.

      As would be expected, anyone is welcome to report suspect behavior at any time. The normal method of report would be an email to support@local-motors.com, but reaching out to any Local Motors team member is also encouraged.

      Once a report has been made, designs or other material in question should be sent to Local Motors for review. If the questionable material is a design, then the LM design team will likely take the lead in reviewing the suspected offense. LM will then reach out to the offending member(s) if he/she/they can be reached and ask them to respond to the allegations. If it is judged in Local Motors’ sole discretion, in accordance with the site usage policies, that some, one, or all of the offending members are responsible for the offense, then Local Motors will retain the option to notify all involved parties, to remove the offending work, and to bar the offending member(s) from the Local Motors site for any given term.

      If a User who has been removed from the Local Motors site for offending behavior chooses to participate within the community under a different name, and without permission, then he/she could be banned from the site in perpetuity.

      This is covered in other sections of the Terms of Service, but to be clear: Do NOT steal, cheat, plagiarize, write injurious comments, post injurious images, or claim work as your own if it does not belong to you.

  14. MODIFICATIONS TO THE WEBSITE. Local Motors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Local Motors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.

  15. DISCLAIMERS. THE CONTENT AND FUNCTIONALITY OF THE PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT LOCAL MOTORS IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAL MOTORS, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OPERATOR OF LOCAL MOTORS, AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. LOCAL MOTORS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. LOCAL MOTORS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND LOCAL MOTORS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCAL MOTORS OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  16. LIMITATION OF LIABILITY. IN NO EVENT SHALL LOCAL MOTORS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE PLATFORM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR ACCESS TO AND USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT LOCAL MOTORS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

    The Platform is controlled and offered by Local Motors from its facilities in the United States of America. Local Motors makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  17. INDEMNITY. You agree to defend, indemnify and hold harmless Local Motors, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Local Motors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any patent, copyright, property, trade secret or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Platform.

  18. THIRD PARTY LINKS. The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Local Motors. Local Motors does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Platform, such as through Facebook Connect, you do so at your own risk, and you understand that these Terms of Service and Local Motors' Privacy Policy do not apply to your use of such sites. You expressly relieve Local Motors from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Local Motors shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  19. ASSIGNMENT. These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Local Motors without restriction.

  20. COPYRIGHT NOTICE. The Local Motors Platform is © 2017, Local Motors, Inc. - All Rights Reserved. No portion of the Platform may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Local Motors.

  21. GENERAL TERMS. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Local Motors' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Local Motors reserves the right to amend or replace any of these Terms of Service, or change, suspend or discontinue the Platform (including, without limitation, the availability of any feature or Content) at any time in its sole discretion. It is your responsibility to review these Terms of Service periodically for any changes. Your use of the Platform following the posting of any changes to these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  22. GOVERNING LAW; JURISDICTION. These Terms are governed by the laws of the State of Arizona without reference to the principles of conflicts of laws thereof. You agree to jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona, in connection with any dispute arising out of these Terms of Service.

  23. VIOLATIONS OF THE TERMS OF SERVICE. Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to copyrightinfringement@localmotors.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Local Motors in its sole discretion may investigate the matter and take such action as Local Motors determines to be appropriate.

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