The Website 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 Website, you specifically release and indemnify Local Motors from any and all liability arising from your use of any third-party website.
Local Motors hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Local Motors' prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
You may view parts of the Platform without registering, but in order to access and use all parts of the Website, 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 Website, 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' Website. 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 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' Website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website 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 Website 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.
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 Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
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 Service through any technology or means other than those provided or authorized by the Service. You agree not to bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, including but not limited to decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
Accessing the audiovisual content available on the Service 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 Service 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.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service 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 this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other Local Motors Users. We reserve the right, but have no obligation, to monitor 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.
1. Mobile Software
We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. 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 this Agreement 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 Service.
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 enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service.
The Service is not available to any Users previously removed from the Service by Local Motors. 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.
Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms of Service. Local Motors is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you may not use the Platform. We do not knowingly solicit or permit children under the age of 13 to provide their personal information to us. In the event that we learn that we have unintentionally collected personal information from children under the age of 13, we will take reasonable measures to promptly delete the information.
The content on the Website, 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 Website 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 Website, 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 Website 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You may choose to or we may invite you to submit comments or ideas about the Local Motors Service, including without limitation about how to improve our Service. 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 Website 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 Website. 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 Website 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:
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 Website 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 Website at any time in its sole discretion and without prior notice.
Media Use of User Submissions
Ownership of Commercial Rights in User Submissions
Original ideas, design submissions and/or projects are licensed under the CC BY-NC-SA License. Any user submissions or work in collaboration including comments and uploads on those ideas, design submissions and/or projects are licensed under CC BY-NC-SA with any and all commercial rights assigned to and retained by the user who submitted the original idea, design submission and/or project or the project owner.
In consideration for the assignment of commercial rights by users contributing work in collaboration to the submitter of the original idea; any user who submits or creates an original idea, design submission and/or project which goes to market hereby agrees to financially compensate users who make valuable contributions, including but not limited to comments and uploads on those ideas, design submissions and/or projects to their project, regardless of how that product gets to market. User submissions within a challenge may be covered by a different license structure and will be handled according to Challenge Submissions (addressed below).
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.
4. Notices of Infringement and Takedown by Local Motors
Local Motors has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (currently located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf) ("DMCA"). The address of Local Motors' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Local Motors' policy to (a) block access to or remove any content from the Website 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.
1. Procedure for Reporting Copyright Infringements
If you are a copyright owner or an agent thereof and believe that any User Submissions or any other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Local Motors' policy:
3. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider believes that the content that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Content provider's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or if the content provider's address is located outside the United States, for any judicial district in which Local Motors is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Local Motors may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Local Motors' discretion.
Please contact Local Motors' Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Infringement Local Motors, Inc. 1576B S. Nelson Dr Chandler AZ 85226 Phone: 617-314-3333 Fax: 617-977-8600
RULES OF CONDUCT
The following rules of conduct apply to your use of the Website and to any and all materials you post on the Website, including User Submissions whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not upload, post, email or otherwise transmit in connection with the Website 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 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
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 Website to:
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 email@example.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 (LM) 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.
If you are submitting a Competition Design, you agree to additional Design Competition Rules (also referred to as "Design Submission Terms and Conditions") included in the Website.
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 Website (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 Website.
Local Motors may, under certain circumstances and without prior notice, immediately terminate your Local Motors account and access to the Website and any other Local Motors services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Local Motors product. Termination of your Local Motors account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Local Motors' sole discretion and that Local Motors shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
THE CONTENT AND FUNCTIONALITY ON THE SITE 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 SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE. 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 SERVICE 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.
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 WEBSITE, 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 WEBSITE, 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 OUR WEBSITE, (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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE, 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.
The Website is controlled and offered by Local Motors from its facilities in the United States of America. Local Motors makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
THIRD PARTY LINKS
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 Website; (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 Website.
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.
The Local Motors Website is © 2014, Local Motors, Inc. - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Local Motors.
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 Website (including, without limitation, the availability of any feature or Content) at any time in its sole discretion by posting a notice on the Website or by sending you an email. It is your responsibility to review these Terms of Service periodically for any changes. Your use of the Website 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 Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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.
VIOLATIONS OF THE TERMS OF SERVICE
Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to firstname.lastname@example.org. 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.
UPDATES TO THE TERMS OF SERVICE
Terms of Service updated February 7, 2014.
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