PRIVACY POLICY

The information we receive from you may be used by us to help process or complete a transaction, or to help improve our website and/or customer experience. By understanding our customers and their needs, we will be able to develop new products and services that better serve them.

Consent.

This Privacy Policy is a part of the Terms of Use. When you visit Carbon Motors Corporation, you are using Carbon Motors Corporation products and services and you agree to be bound by the Terms of Use and this Privacy Policy. Some terms may be defined in the Terms of Use. This Privacy Policy only addresses activities from our servers. Other sites (including those that we link to and third party sites or services which we co-brand) may have their own policies, which we do not control, and thus are not addressed or controlled by this policy.

Personal Information.

"Personal Information" is information that would allow someone to identify or contact you, including, for example, your full name, address, telephone number, social security number, or email address. It also may include information about you (for example, your preferences) if that information is linked to information that may allow someone to identify or contact you. Personal Information does not include aggregated information that, by itself, does not permit the identification of individual persons (for example, statistics about how many persons visited our web site last month). If you have questions about this Privacy Policy, please contact Carbon Motors Corporation.

Visitors.

We give Visitors the option of providing an email address and/or mailing address and we use such address information solely to send the Visitor additional information about our products and services. We may share aggregated (i.e., non-personal) data about visitor use of our site with third parties.

1. What Personal Information We Collect.

Our servers may collect Personal Information indirectly and automatically (through, for example, the use of "cookies") about your activities while visiting Carbon Motors Corporation, including without limitation: (a) the pages you visit on the Carbon Motors Corporation site; (b) the date and time you access Carbon Motors Corporation; (c) the domain name of the website from which you linked directly to Carbon Motors Corporation; (d) the domain name of any websites to which you link directly from Carbon Motors Corporation.

Cookies are small pieces of information stored on your hard drive, not on our site. Cookies make your Internet experience quicker and more convenient and allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor Carbon Motors Corporation for you or offer you a promotion. Cookies allow us to better understand how visitors use our site, which in turn helps us focus our resources on features that are most popular with our visitors. This practice is common on Internet websites.

If we receive a complaint about you, we may also receive Personal Information from other visitors or third parties who may communicate information to us about you in relation to that complaint.

2. Who is Collecting the Personal Information.

Carbon Motors Corporation, which owns and operates the Carbon Motors Corporation web site, is the company that collects Personal Information on our site.

3. Our Use of your Personal Information.

To that end, we use your Personal Information to provide you with content and vehicle information that is tailored specifically to your interests. We also use your Personal Information to provide you with information that may be of interest to you; to personalize the site in accordance with your requests or your interests; or to contact you (if you expressly consent) to gather your feedback or your preferences. We also may use Personal Information to improve our web site.

We use your information on an aggregated basis to do such things as operate our site, enhance our site, negotiate with vendors, and determine the types of vehicles and enhancements in which our visitors are interested.

4. Disclosure of your Personal Information.

As a general practice, we do not sell your Personal Information to third parties. So, for example, we do not sell your email address or your name and personal demographic information to mass marketers. We may disclose aggregated information about our visitors but that information contains no Personal Information.

Although your privacy is very important to us, due to legal rules beyond our control, we cannot fully ensure that your private communications and other Personal Information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can, and you authorize us to, disclose any information about you to law enforcement or other government officials as we are required by law.

5. Privacy Protections for Children.

We do not provide our products and services to children.

6. Choices you have regarding the Collection, Use, and Disclosure of Your Personal Information.

You can limit the collection and use of different elements of your Personal Information by not participating in those activities in which we collect Personal Information, as stated in Section 1. You may choose to discontinue the collection, use, and disclosure of your Personal Information by discontinuing your use of Carbon Motors Corporation.

Please note that if you provide any information directly to parties other than Carbon Motors Corporation (even if those sites are showing the Carbon Motors Corporation brand or associated with Carbon Motors Corporation), different rules may apply to their use or disclosure of the Personal Information you disclose to them. We encourage you to investigate and ask questions before disclosing information to third parties.

7. Correcting, Updating and Deleting Personal Information.

If you wish to delete your Personal Information, you may request that we do so by contacting Carbon Motors Corporation. Even though we may be able to delete certain aspects of your Personal Information, we must retain some Personal Information. However, even if a visitor requests that we delete or change Personal Information, that Personal Information may still be stored on other databases (including those kept for archival purposes).

8. Our Security Procedures.

Although "perfect security" does not exist on the Internet, we use industry-standard efforts such as encrypted storage to safeguard the confidentiality of your Personal Information.

We hope this policy clarifies our procedures regarding your Personal Information. We may amend this policy at any time by posting the amended version on our home page. We at Carbon Motors Corporation encourage you to learn as much as you can about your privacy on the Internet.

USER AGREEMENT

This User Agreement ("Agreement") describes the terms and conditions applicable to your ("User") use of our web services at Carbon Motors Corporation ("we" or "our"), including but not limited to any information obtained or provided by you through use of our web site.

We may amend this Agreement at any time by posting the amended terms on our web site.

(c) 2008 Carbon Motors Corporation. All Rights Reserved. "Use of this site constitutes acceptance of the Carbon Motors Corporation Terms of Use and Privacy Policy. Designated trademarks and brands are the property of their respective owners."

1. License Grant and Restrictions.

Carbon Motors Corporation hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license for personal use of this site. You are prohibited from reverse-engineering, modifying, de-compiling, disassembling, translating or otherwise attempting to derive source code from any part of this site.

2. Ownership.

"Carbon Motors Corporation" and other related graphics, logos, service marks, and trade names used on this site by Carbon Motors Corporation are the trademarks of Carbon Motors Corporation, or its suppliers and may not be used without permission in connection with any third-party products or services. All other trademarks, service marks, and trade names (including third party retailer names, product names, and brand names) used on this site are the property of their respective owners. Users are prohibited from using any Marks without the written permission of Carbon Motors Corporation or the third party, which may own the Marks. All content on the Site is protected by copyright and users are prohibited from modifying or using any of the content of the Site for commercial or public purposes. You agree that you will not copy, reproduce, alter, modify, create derivative works of, or publicly display any content from the Site without the prior express written permission of Carbon Motors Corporation or the appropriate third party.

3. User Submissions.

All communications, comments, feedback, bug reports, suggestions, ideas, and other submissions submitted to Carbon Motors Corporation (collectively, "Submissions") shall be and remain Carbon Motors Corporation's property with all worldwide rights, titles and interests in all copyrights and other intellectual property in the Submissions hereby assigned to Carbon Motors Corporation by you.

All Submissions, as well as all communications made by you through Carbon Motors Corporation, shall not: be defamatory, trade libelous, unlawfully threatening or harassing; be obscene or contain child pornography; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or otherwise create liability for Carbon Motors Corporation.

4. Password.

You are solely responsible for your failure to maintain the confidentiality of your account information and password. Furthermore, you are entirely responsible for any and all activities, which occur, under your account. You agree to immediately notify Carbon Motors Corporation of any unauthorized use of your account or any other breach of security known to you.

5. Access and Interference.

Our Site requires a visitor name and password for access and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

6. Changes.

Carbon Motors Corporation reserves the right to modify the Service at any time by changing this Agreement. Carbon Motors Corporation does not guarantee continuous, uninterrupted or secure access to our Web services, and operation of our Site may be interfered with by numerous factors outside of our control.

7. Privacy.

Our current Privacy Policy, which is incorporated herein by reference, is available here.

8. No Warranty.

WE PROVIDE OUR WEB SITE AND WEBSERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FORGOING, CARBON MOTORS CORPORATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS SITE AND MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. CARBON MOTORS CORPORATION DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

9. Liability Limit.

IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR WEBSERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PAYMENTS YOU HAVE MADE TO CARBON MOTORS CORPORATION IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

10. Indemnity.

You agree to indemnify and hold us and our subsidiaries, 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 this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

11. Legal Compliance.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

12. No Agency.

You and Carbon Motors Corporation are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13. General.

This Agreement shall be governed in all respects by the laws of the State of Georgia. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall remain in full force and effect. If local laws prohibit your participation in any part of the Services offered on our Site then you are responsible for complying with such laws. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of you and Carbon Motors Corporation by their respective duly authorized representatives. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

14. Disclosures.

The services hereunder are offered by Carbon Motors Corporation.

TERMS OF USE

1. Your Acceptance

  1. By using and/or visiting this website (collectively, including all Content available through the carbonmotors.com domain name, the "Carbon Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Carbon Motors Corporation's privacy policy, found above and incorporated here by reference, and (3) Carbon's guidelines contained herein. If you do not agree to any of these terms please do not use the Carbon Motors Corporation web site.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version available on the Carbon Motors Corporation home page. Carbon may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Carbon Website

  1. These Terms of Service apply to all users of the Carbon Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Carbon Website includes all aspects of Carbon Motors Corporation.
  2. The Carbon Website may contain links to third party websites that are not owned or controlled by Carbon. Carbon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Carbon will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Carbon Motors Corporation from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Carbon Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Carbon Council

  1. In order to access some features of the Website, you will have to become a member of the Carbon Council by creating an account. You may never use another'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 must notify Carbon immediately of any breach of security or unauthorized use of your account.
  2. Although Carbon will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Carbon or others due to such unauthorized use.

4. General Use of the Website -- Permissions and Restrictions

Carbon hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Website, including but not limited to Carbon Clips (defined below), without CarbonÕs prior written authorization.
  2. You agree not to alter or modify any part of the Website.
  3. You agree not to access Carbon Clips (defined below) or Carbon Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Carbon may designate.
  4. You agree not to use the Website for any commercial use, without the prior written authorization of Carbon. Prohibited commercial uses include any of the following actions taken without CarbonÕs express approval:
    • sale of access to the Website or its related services on another website;
    • use of the Website or its related services, for the primary purpose of gaining advertising or revenue;
    • the sale of advertising, on the Carbon Website or any third-party website, targeted to the content of specific Carbon Clips or Carbon content;
    • and any use of the Website or its related services that Carbon finds, in its sole discretion, to use CarbonÕs resources or Carbon Clips with the effect of competing with or displacing the market for Carbon, Carbon content, or its Carbon Clips.
  5. Prohibited commercial uses do not include any use that Carbon expressly authorizes in writing.
  6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Carbon 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, Carbon grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Carbon reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Carbon Clips.
  7. You will otherwise comply with the terms and conditions of these Terms of Use, Carbon Community Guidelines, and all applicable local, national, and international laws and regulations.
  8. Carbon reserves the right to discontinue any aspect of the Carbon Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Carbon Website.

  1. The content on the Carbon Website, except all Carbon Clips (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Carbon Motors Corporation, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Carbon reserves all rights not expressly granted in and to the Website and the Content.
  2. You may access Carbon Clips solely:
    • for your information and personal use;
    • as intended through the normal functionality of the Carbon Council; and
    • for Streaming.
  3. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Carbon Council 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. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. Carbon Clips are made available "as is."
  4. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Carbon Council. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Carbon Council or otherwise as prohibited under this Agreement.
  5. You may access Carbon Content, Carbon Clips and other content only as permitted under this Agreement. Carbon reserves all rights not expressly granted in and to the Carbon Content and the Carbon Council.
  6. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Carbon Clips of third parties obtained through the Website for any commercial purposes.
  7. You agree not to circumvent, disable or otherwise interfere with security-related features of the Carbon Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Carbon Website or the Content therein.
  8. You understand that when using the Carbon Website, you will be exposed to Carbon Clips from a variety of sources, and that Carbon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Carbon Clips. You further understand and acknowledge that you may be exposed to Carbon Clips that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Carbon with respect thereto, and agree to indemnify and hold Carbon, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your Carbon Clips and Conduct

  1. As a Carbon Council account holder you may submit video content ("User Videos"), audio content (ÒUser AudioÓ), photographic content (ÒUser PhotosÓ) and textual content ("User Comments"). User Videos, User Audio, User Photos and User Comments are collectively referred to as "Carbon Clips." You understand that whether or not such Carbon Clips are published, Carbon does not guarantee any confidentiality with respect to any Carbon Clips.
  2. You shall be solely responsible for your own Carbon Clips and the consequences of posting or publishing them. In connection with Carbon Clips, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Carbon to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Carbon Clips to enable inclusion and use of the Carbon Clips in the manner contemplated by the Website and these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Carbon Clips. However, by submitting Carbon Clips to Carbon, you hereby grant Carbon a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Carbon Clips in connection with the Carbon Website and Carbon's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Carbon Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Carbon Council a non-exclusive license to access your Carbon Clips through the Website, and to use, reproduce, distribute, display and perform such Carbon Clips as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Comments are perpetual and irrevocable.
  4. In connection with Carbon Clips, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Carbon all of the license rights granted herein.
  5. You agree that your conduct on the site will comport with the Carbon Community Guidelines, contained herein, which may be updated from time to time.
  6. Carbon does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Carbon expressly disclaims any and all liability in connection with Carbon Clips. Carbon does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Carbon will remove all Content and Carbon Clips if properly notified that such Content or User Submission infringes on another's intellectual property rights. Carbon reserves the right to remove Content and Carbon Clips without prior notice.

7. Account Termination Policy

  1. Carbon will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. Carbon reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Carbon may remove such Carbon Clips and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millenium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright 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.

    Carbon's designated Copyright Agent to receive notifications of claimed infringement is: Stacy Dean Stephens, One Carbon Motors Drive, Connersville, IN 47331. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Carbon customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

  2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
    • Your physical or electronic signature;
    • 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 you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Atlanta, GA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by the Copyright Agent, Carbon 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, member or user, 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 Carbon's sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CARBON WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CARBON MOTORS CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CARBON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL 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 OMISSIONSIN 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 CARBON WEBSITE. CARBON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CARBON WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CARBON 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. 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.

10. Limitation of Liability

IN NO EVENT SHALL CARBON MOTORS CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER 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 AND/OR FINANCIAL 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 CARBON WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 CARBON SHALL NOT BE LIABLE FOR CARBON CLIPS OR THE 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 Carbon from its facilities in the United States of America. Carbon makes no representations that the Carbon Website is appropriate or available for use in other locations. Those who access or use the Carbon Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless Carbon Motors Corporation, its parent corporation, officers, directors, employees and agents, 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 Carbon Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Carbon Clips caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Carbon Website.

12. Ability to Accept Terms of 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. In any case, you affirm that you are over the age of 13, as the Carbon Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Carbon Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Carbon without restriction.

14. General

You agree that: (i) the Carbon Website shall be deemed solely based in Georgia; and (ii) the Carbon Website shall be deemed a passive website that does not give rise to personal jurisdiction over Carbon, either specific or general, in jurisdictions other than Georgia. These Terms of Service shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and Carbon that arises in whole or in part from the Carbon Website shall be decided exclusively by a court of competent jurisdiction located in Fulton County, Georgia. These Terms of Service, together with the Privacy Notice indicated above and any other legal notices published by Carbon on the Website, shall constitute the entire agreement between you and Carbon concerning the Carbon Website. 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 Carbon's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Carbon reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Carbon Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CARBON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CARBON WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. Sponsorship

YOU AGREE THAT ANY SPONSORSHIP MONIES ARE FOR THE PURCHASE OF ADVERTISING ON THE CARBON WEB SITE AND AT THE DISCRETION OF CARBON, TO BE USED THROUGHOUT ITS OPERATIONS. SPONSORSHIP MONIES ARE NOT DONATIONS OR TAX-DEDUCTIBLE CONTRIBUTIONS.

16. Intellectual Property

YOU AGREE THAT ALL SUBMISSIONS, INCLUDING BUT NOT LIMITED TO, IDEAS, SUGGESTIONS, NAMES, BRAND NAMES, NAMEPLATES, AND FEATURES BECOME THE PROPERTY OF CARBON MOTORS CORPORATION AND YOU FORFEIT ALL ACTUAL OR PERCEIVED LEGAL OWNERSHIP IN SUCH MATTERS IN PERPETUITY.