Legal

These terms of use are entered into by and between you and Karma Automotive ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of any of the websites of Company, including karmaautomotive.com and karmainsiders.com, including without limitation any content, functionality, services and features offered on or through such websites (the "Websites"), whether as a guest or a registered user. The terms “you” and “your” refer to the person using or accessing any of the Websites.

Please read the Terms of Use carefully before you start to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

The Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Websites, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Websites.

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend any of the Websites, and any services or materials we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Websites.
• Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources offered on the Websites, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree that all information you provide to register on the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions thereof using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Websites.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites.

You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Unless otherwise indicated, the Company name and all trademarks and logos displayed on the Websites are owned or used under license by Company, including but limited to vehicle model names, slogans, logos and emblems. You must not use such marks without the prior written permission of the Company.

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites or expose them to liability.

Additionally, you agree not to:

• Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites.
• Use any robot, script, software, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
• Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Websites.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
• Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Websites.

The Websites may contain message boards, personal profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Websites.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Websites.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
• Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards of this section (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

The Websites may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

If you use the vehicle configurator application on our Website to provide an overview of the various specifications and finishes that are available for Karma Automotive vehicle models, you should not rely on the specifications or designs produced by the application. This application is intended to provide general information only. We cannot guarantee that particular specifications or options will be available to purchase or that they can be purchased at the price indicated on the Website. Please contact a Karma Automotive dealer for further advice or specific information as to availability, pricing, and any additional labor costs.

We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on the Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

The Websites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Websites.
• Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Websites or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage or hot-link images on the Websites.
• Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The inclusion of a link to a third party website does not imply endorsement of the third party website or any products or services offered by the third party by Karma or any of our affiliates, nor does it imply an affiliation with such third party.

The owner of the Websites is based in the state of California in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any content thereon is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access any of the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITES, ANY CONTENT THEREON AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ANY CONTENT THEREON AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, ANY CONTENT THEREON OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVERS THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED THERETO, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, your User Contributions, any use of the content of the Websites, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of Orange although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Karma Automotive LLC with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

The Websites are operated by Karma Automotive LLC, 9950 Jeronimo Road, Irvine, California 92618.

All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: info@karmaautomotive.com.

Karma Automotive LLC and its licensors and affiliates (“Karma,” ”we,” “us” or “our”) know that you are concerned about privacy. We are committed to protecting it through our compliance with this Privacy Policy. We also sell and lease vehicles that collect other types of personal information and vehicle data and use a separate owners privacy policy to explain our practices related to such information and data.

This Privacy Policy applies to information that we may collect from you or that you provide to us and it explains how we collect, use, maintain, protect, disclose and safeguard this information. By providing information to us or by using our products or services, you agree to the terms and conditions of this Privacy Policy. The terms “you” and “your” refer to the person using or accessing the Website.

This policy applies to information we collect:

• Through this website or our other websites on which this Privacy Policy is posted or referenced (collectively, our “Website”);
• When you sign up for a newsletter, provide information to Karma in emails, texts or other electronic messages exchanged between you and Karma or provide information to Karma through our social media pages;
• Offline, such as when you attend one of our events, sign up for a test drive or contact our Customer Services Team by telephone; and
• From other sources, such as public databases, joint marketing partners, authorized Karma retailers or service centers, third party vehicle repair or service centers, and roadside assistance providers.

It does not apply to information collected by any third party, including through any application or content that may link to or be accessible from or on our Website.

Please review this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Website, use our products or services or otherwise provide Karma with information. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or our products or services after we make changes is deemed to be acceptance of those changes, so please check back periodically for updates.

Our Website is not intended for, or designed to attract, children under 13 years of age as they are not of legal driving age. We do not knowingly collect personal information from children under 13.

Information We Collect
We collect several types of information from and about users of our Website and our products and services, including information:

• By which you may be personally identified or contacted online or offline including your name, postal address, telephone number, e-mail address, and any other information that Karma collects that is defined as personal or personally identifiable information under an applicable law (“Personal Information”);
• That is about you but individually does not identify you and
• About your internet connection, the equipment you use to access our Website and usage details.


How We Collect Information.
We may collect this information from you in a variety of ways, including:

• Directly from you when you provide it to us;
• Automatically as you navigate through our Website; and
• From third parties, for example, our business partners, marketing partnerships and public databases.


Information that You Provide to Us.
The information that we collect from you may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering for an account to use certain features of our Website, posting User Contributions or requesting services. Karma may also ask you to provide information when you report a problem with our Website;
• Records and copies of your correspondence (including your email address) if you contact us;
• Your responses to surveys that we might ask you to complete for research purposes; and
• Your search queries on the Website.
You also may provide information to be published or displayed (“Posted”) on certain areas of the Website or transmitted to other users of the Website or third parties, such as our Forum (collectively, “User Contributions”). Your User Contributions are Posted on and transmitted to others at your own risk. Although we limit access to certain features, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect through Automatic Data Collection Technologies
When you visit our Website or otherwise use our online services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns including:

• Details of your visits to our Website, including traffic data, location data, information collected through cookies and other tracking technologies, and the resources that you access and use on the Website, such as the site you came from and exited to, date/time stamp, and pages visited.
• Information about your computer and internet connection, including your Media Access Control (MAC) address, IP address, operating system, screen resolution, browser type, device manufacturer and type, mobile device ID, and Internet Service Provider.


Our third party advertising partners may use automatic data collection technologies on our Website in order to help display advertisements that you see on our Websites and other websites you may visit. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services that use those third party’s advertising services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Recognize you when you return to our Website.


The technologies we or our third party business partners may use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Karma, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Analytics tools. We use website and application analytics services provided by third parties that use cookies and other similar technologies to collect information about website or application use and to report trends, without identifying individual visitors. The third parties that provide us with these services may also collect information about your use of third-party websites. One of these third party analytics services is Google Analytics. You can learn about Google’s practices in connection with this information collection by viewing their Privacy Policy located here: www.google.com/analytics/learn/privacy.html.


How We May Use Your Information.
We may use information that we collect or that you provide to us, including any Personal Information, to communicate with you, to provide and improve our Website and our products and services, and for other purposes. Examples of how we use information for these purposes include:

• To respond to inquiries and fulfill your requests, such as to send you newsletters or product information, alerts or brochures or to assist us with resolving questions regarding our Website;
• To provide purchase-related customer service, such as to contact you with service recommendations;
• To advise you of important safety-related information;
• To perform research and analysis to develop and promote new products and services and to improve or modify our Website or our existing products and services;
• To send administrative information to you, such as information regarding changes to our terms and policies;
• To enhance our lists with information from other sources;
• To personalize your experience by customizing the online and offline communications you receive from us, our affiliates and others;
• To allow you to participate in Karma events and activities;
• To protect the information collected against fraudulent, illegal or otherwise unauthorized activity, including any investigation into such activity;
• To allow you to participate in interactive features on our Website;
• In any other way we may describe when you provide the information; and
• For any other legitimate business purpose.


We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information
We may disclose without restriction any aggregated information about our users and information that does not identify any individual.
We may disclose Personal Information that we collect or you provide, as described in this privacy policy:

• To our subsidiaries and affiliates
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Karma's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Karma is among the assets transferred;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; and
• With your consent.


We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Karma, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from Karma. If you do not wish to have your email address/contact information used by Karma to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by sending us an email stating your request to customerservice@karmaautomotive.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

The Website may contain links to websites provided by independent third parties (“Third Party Sites”). Karma is not responsible for the content, privacy, or practices of the Third Party Sites and this Privacy Policy does not apply to the Third Party Sites.

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to clientservices@karmaautomotive.com or write us at: 3080 Airway Avenue, Costa Mesa, California 92626.

BY SUBMITTING PERSONAL INFORMATION TO US, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting us at our contact as provided below. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information which may be of value to you. If you provide us with personal information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.

If you are visiting the Website from outside of the United States, your connection may be made through and to servers located in the United States, and all information you provide may be processed and maintained in our web servers and internal systems located within the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our Website, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy. By using the Website, you authorize the export of Personal Information to the United States and its storage and use as specified above when you provide such information to us.

For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is determined by us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOUR CONTINUED USE OF THE WEBSITE IS DEEMED TO BE AGREEMENT TO THIS MEANS OF NOTIFICATION.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website, such as our Forum. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we use reasonable safeguards to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

To correct or update your personal information, contact us at
Telephone: (855) 56-KARMA
Available Monday-Friday, 8:00 a.m. – 6 p.m. PST

Mailing Address:
Karma Automotive
Attention: Client Services
3080 Airway Avenue
Costa Mesa, CA 92626

or via email at
clientservices@karmaautomotive.com

We will use reasonable efforts to update any inaccuracies in your information. In some cases, however, we may limit or deny your request if the law permits or requires us to do so, if your request infringes on the privacy of other individuals or internal procedures, or if we are unable to verify your identify.

Our Website does not support Do Not Track at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit www.donottrack.us

In the event of any dispute or claim relating to the this privacy policy, you agree to resolution of such dispute in the state or federal courts located in Orange County, California, in accordance with California law.

We will post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page as the effective date. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

If you have any questions, concerns or inquiries about this privacy policy or our privacy practices, contact us at:

Telephone: (855) 56-KARMA
Available Monday-Friday, 8:00 a.m. – 6 p.m. PST

Mailing Address:
Karma Automotive
Attention: Client Services
3080 Airway Avenue
Costa Mesa, CA 92626

or via email at
clientservices@karmaautomotive.com

Thank you for choosing a Karma vehicle. Your privacy is important to Karma Automotive LLC and its licensors and affiliates (“Karma,” “we,” “us” or “our”). We collect information about you, your devices and your vehicle several different ways, including from you and your vehicle dealer when you buy or lease your vehicle and from communications between us. We also receive information about you, your devices and your vehicle that is collected, generated, recorded or stored by technologies and services that are included in our Karma vehicles (“Technologies and Services”). For example, Karma vehicles come equipped with an embedded telematics device that receives GPS signals and communicates with our systems and the systems of our service providers via wireless and landline communications networks.

Karma has created this Vehicle Owner Privacy Policy (this “Owner Privacy Policy”) to explain our privacy practices relating to (1) information that identifies you and which you provide during the course of purchasing, leasing or operating a Karma vehicle or using Technologies and Services (“Personal Information”) and (2) information that your Karma vehicle collects, generates, records or stores in electronic form (“Vehicle Data”). “Personal Information” and “Vehicle Data” are collectively referred to in this Owner Privacy Policy as “Covered Information.”

This Owner Privacy Policy explains:

• The types of Covered Information we may collect
• How we may use Covered Information
• How we may share Covered Information
• How you may access, review and correct your Covered Information
• How to contact us with questions about the collection, use and sharing of Covered Information

As used in this Owner Privacy Policy, the terms “you” and “your” refer to any person or entity who has purchased or leased a Karma vehicle, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Karma vehicle, the Karma Technologies and Services. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF KARMA TECHNOLOGIES AND SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. You promise to educate and inform all users and occupants of your Karma vehicle about the Karma Technologies and Services, and Karma’s use of such users’ and occupants’ information as described in this Owner Privacy Policy.

PLEASE REVIEW THIS OWNER PRIVACY POLICY CAREFULLY. By purchasing, leasing or operating a Karma vehicle or using the Technologies and Services, you accept the terms of this Privacy Policy and any terms and conditions of use that may be applicable to such Technologies and Services and consent to our collection, use and sharing of your Covered Information as described in this Privacy Policy. It is not possible to operate a Karma vehicle or use the Technologies and Services without allowing the Technologies and Services to generate, collect, record, store and transmit certain Covered Information. Accordingly, IF YOU DO NOT AGREE WITH ANY PART OF THIS OWNER PRIVACY POLICY OR THE TERMS OF USE THEN YOU WILL NOT BE ABLE TO OPERATE THE KARMA VEHICLE AND/OR USE THE TECHNOLOGIES AND SERVICES.

This Owner Privacy Policy applies only to Karma’s practices with respect to Covered Information. We also operate www.karmaautomotive.com and other websites, which collects other types of information. We use a separate privacy policy to explain our practices related to those websites.

As a convenience to our vehicle owners and lessees, we may offer the ability to use certain third party products and services with your Karma vehicle. For example, these third party products and services may include data services through your mobile phone carrier and mobile applications. These third party products and services are not owned or controlled by Karma and we are not responsible for the privacy practices of the third parties that provide such products and services or the terms and conditions under which they offer such products. You use such third party products and services at your own risk. If you choose to use such third party products and services, we strongly encourage you to read the privacy policies and terms and conditions of such third parties to make sure they are acceptable to you.

Your Karma vehicle is equipped with an Event Data Recorder (EDR). The main purpose of an EDR is to record, in certain crash or near crash-like situations, data (such as an airbag deployment or hitting a road obstacle) that will assist in understanding how the vehicle's systems performed. The EDR is designed to record data related to vehicle dynamics and safety systems for a short period of time, typically 30 seconds or less. The EDR in this vehicle is designed to record such data as:

• How various systems in your vehicle were operating.
• Whether or not the driver and passenger safety belts were buckled/fastened.
• How far (if at all) the driver was depressing the accelerator and/or brake pedal.
• How fast the vehicle was traveling.
• Where the driver was positioning the steering wheel.

EDR data is recorded by your vehicle only if a non-trivial crash situation occurs; no data is recorded by the EDR under normal driving conditions and no personal data (e.g., name, gender, age, and crash location) is recorded. This data can help provide a better understanding of the circumstances in which crashes and injuries occur. BY OPERATING THE KARMA VEHICLE AND/OR USING THE TECHNOLOGIES AND SERVICES, YOU CONSENT TO KARMA’S RETRIEVAL OF THE EVENT DATA RECORDED BY THE EDR IN YOUR KARMA VEHICLE RELATING TO ANY CRASH OR NEAR CRASH-LIKE SITUATION AND TO KARMA’S USE OF SUCH DATA FOR PURPOSES OF IMPROVING VEHICLE SAFETY AND SECURITY AND FOR RESEARCH AND ANALYSIS.

     Personal Information

We may collect Personal Information about you from you or the dealer when you purchase or lease your Karma vehicle, use the Technologies and Services, obtain vehicle maintenance services, communicate with us or otherwise interact with us. Personal Information we may collect includes:

• First name
• Last name
• Home address
• Email address
• Telephone number
• Work address
• Language preference
• Password
• Payment information such as credit card number
• Geo-location data
• Biometric data

     Vehicle Data

When you operate your Karma vehicle or use the Technologies and Services, we may collect Vehicle Data, including:

Information about your Vehicle, such as:	Diagnostic data, such as:	Information about use of Technologies and Services, such as:	Information about use of vehicle, such as:
VIN Model Model year Trim Transmission Engine type Service data Incidents involving vehicle Production date Plant at which the vehicle was produced	Trouble codes Freeze frame data Tire pressure Battery voltage Oil and coolant temperature Service requirements Battery Status – Charge Level,range, charging status Mechanical condition	Customer chosen points of interest (POI) for navigation Navigation Search content Information about individuals making a call from vehicle or subscriber account Date, time and duration of calls	Direction of travel Time of travel Odometer reading Speed RPM AC/Heating Unit sensor – on/off Cruise control status Seatbelt status Interior and Exterior Temperature Driver behavior information

We will only use and share Covered Information in ways that are consistent with the context in which the Covered Information was collected and are committed to making reasonable and responsible use of Covered Information. We may use Covered Information for any legitimate business purpose, including:

• To provide requested services to you or your vehicle (including, but not limited to, sharing that information with roadside assistance providers, emergency service providers, or others, as needed)
• To conduct research or analysis for Technologies and Services, vehicles, vehicle safety, security or transportation infrastructure
• To improve products and services or develop new offerings associated with Technologies and Services, vehicles, vehicle safety, security or transportation infrastructure
• To perform market research
• To diagnose or troubleshoot vehicle systems
• To operate our business
• To provide you with notices about your vehicle, account and subscriptions
• To communicate with vehicle owners and lessees, including to provide vehicle owners and lessees with information about goods and services that may be of
• interest to them
• To prevent fraud and criminal activity or to safeguard Covered Information associated with vehicle owners and lessees or their vehicles
• To protect the safety, property, or rights of Karma, vehicle owners and lessees or others
• In any other way we may describe to you when you provide Covered Information
• For any other purpose with your consent

We may disclose Covered Information as follows:

To Our Service Providers
We share Covered Information with our third party service providers and other third parties we use to support our business, including our third party service providers that help us provide you with the Technologies and Services.

To Our Dealers
We may provide information about you and your vehicle to dealers and dealer associations to use for their own business purposes.

To Defend Our Rights or Comply with the Law
We reserve the right to disclose your Covered Information based on the good faith belief that such action is necessary or appropriate to: (1) comply with any court order, law or legal process, including to respond to any government or regulatory request; (2) protect and defend our rights or property; and (3) protect the rights, property or safety of Karma, our affiliates, our customers or others.

In the Event of a Change of Control
In the event that Karma is involved in a transaction such as a merger, stock purchase or sale, or sale of the Karma assets to which the Covered Information pertains, Covered Information may be transferred to the other party in such transaction. The party to which the Covered Information is transferred will be required to adhere to the same privacy practices as those described in this Owner Privacy Policy.

With Our Affiliate Companies
To our parent company, subsidiaries, dealers, joint venture partners or other companies that we control or that are under common control with us, in which case we will require those companies to agree to use your Covered Information in a way that is consistent with this Owner Privacy Policy.

Independent Vehicle Repair and Service Providers
We may share Covered Information collected by the diagnostic tools with independent repair business you choose to provide you with repair, maintenance and other services related to your vehicle.

In Aggregate Form
We may aggregate or de-identify Covered Information so that it does not identify any individual or vehicle. We may share such aggregate or de-identified information for any lawful purpose without restriction.

With Your Consent
Other than the cases above, we won’t disclose your Covered Information for any purpose unless you consent to it in some way, including by your continued use after notice.

We employ industry accepted data security measures designed to protect the security, confidentiality and integrity of Covered Information. However, the security of Covered Information transmitted through wireless carriers or the Internet cannot be guaranteed. We are not responsible for any interception or interruption of any communications transmitted through wireless carriers or the Internet or for changes to or loss of data. Users of the Technologies and Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to the Technologies and Services. In order to protect you and your Covered Information, we may suspend your use of any of the Technologies and Services, without notice, pending an investigation, if any breach of security is suspected. We will retain Covered Information in accordance with our record retention policies and applicable law. Note that after the applicable retention period expires, Covered Information may be deleted and may not be retrievable.

In the event you use the Vehicle Technologies and Services to communicate with Karma or its Service Providers, Karma and its Service Providers may monitor and record conversations between their respective service centers and you and your Karma vehicle’s occupants for quality assurance purposes. YOU CONSENT, TO THE MONITORING AND RECORDING OF ALL CONVERSATIONS BETWEEN THE SERVICE CENTERS AND SUCH PERSONS AND YOU RELEASE KARMA FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS. Call recordings may be shared with Karma dealers and other service providers.

If you do not wish to provide Covered Information to Karma for its use in accordance with this Owner Privacy Policy, you may choose not to purchase or operate a Karma vehicle or use the Technologies and Services.

You may access, review and correct your Personal Information, as well as certain Vehicle Data, at any time by emailing, calling or writing us at the address below.

Under California Civil Code Section 1798.83, California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, a copy of Karma’s California Information Sharing Disclosure Notice about the customer information we shared, if any, with other businesses for their own direct marketing uses in the previous calendar year. You may email, call or write us at the address below to request a copy. Please be aware that not all information sharing is covered by the “Shine the Light” law requirements and only information on covered sharing will be included in our response.

BY SUBMITTING PERSONAL INFORMATION TO US, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS OWNER PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting us at our contact as provided below. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with use of the Karma vehicle, the Technologies and Services, or other certain services or information which may be of value to you. If you provide us with personal information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information for the purposes set forth in this Owner Privacy Policy.

The effective date of this Owner Privacy Policy is set forth at the top of this page. We may change this Owner Privacy Policy from time to time by posting the changes at www.karmaautomotive.com so please review this Owner Privacy Policy regularly. You may also obtain a current copy of our Owner Privacy Policy by emailing, calling or writing us at the address below. We will take reasonable steps to alert vehicle owners and lessees prior to changing the collection, use or sharing practices associated with Covered Information in ways that have a material impact on vehicle owners and lessees. If the new practices involve using Covered Information in a materially different manner than when the Covered Information was collected, we will obtain the consent of vehicle owners and lessees to the new practices.

You may only resolve disputes with us relating to this Owner Privacy Policy on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations in any action related to this Owner Privacy Policy are not allowed.

All matters relating to this Owner Privacy Policy are governed by the laws of the State of California in the United States irrespective of its conflicts of laws provisions. In the event that Karma wishes to pursue legal action against you, it may bring such legal action in any federal or state court having jurisdiction. Lawsuits against Karma must be brought in federal or state court in Orange County, California.

If you have any questions, concerns or inquiries about this Owner Privacy Policy or our privacy practices, contact us at:

Telephone: (855) 56-KARMA

Available Monday-Friday, 8:00 a.m. – 6 p.m. PST

Mailing Address
Karma Automotive
Attention: Client Services
3080 Airway Avenue
Costa Mesa, California 92626

or via email at
clientservices@karmaautomotive.com

By purchasing, leasing or operating your Karma vehicle or using its technologies and services, you agree to abide by certain End User License Agreements, which are set forth in your Owner’s Manual and at www.karmaautomotive.com/legal, as may be updated from time to time. As used herein, the terms “you” and “your” refer to any person or entity who has purchased or leased a Karma vehicle, or uses a Karma vehicle or its technologies or services as a driver or occupant (e.g., additional drivers, passengers). YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF KARMA TECHNOLOGIES AND SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING THEM, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. You promise to educate and inform all users and occupants of your Karma vehicle about the End User License Agreements associated with your Karma vehicle and its technologies and services.

Powered by TeleCommunication Systems, Inc. Portions of this software are copyright © 2015-2017, TeleCommunication Systems, Inc. All rights reserved.

IMPORTANT - THIS IS A LEGAL DOCUMENT. BEFORE ACCESSING OR USING ANY PART OF THIS PRODUCT, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY AS THEY GOVERN YOUR USE OF THIS PRODUCT. YOUR RIGHT TO ACCESS OR USE THE PRODUCT IS DEEMED TO BE YOUR ACCEPTANCE AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS, OR OTHERWISE USE THE PRODUCT.

1. Definitions
   
   Capitalized terms used in this Section shall have the meaning set forth below:
      a.“Information” means the information transmitted to you via the Service.
      b.“Product” means TCS MapKit, NavKit and SearchKit.
   
   
2. Karma’s grant to you of the licenses to the Product are conditioned upon your agreement to these standard terms and conditions.


3. You acknowledge that the Product may be interrupted from time to time. You further acknowledge that the Product is not error-free.


4. You understand that Karma and its licensors may be required by law enforcement agencies to disclose information regarding your use of the Product and that Karma and its licensors will comply with such requests.


5. You agree that the Product and all upgrades, corrections, and enhancements thereto shall be and remain at all times the property of Karma and its licensors and/or suppliers (including all copyrights and other intellectual property rights relating thereto). Karma grants to you a non-exclusive, non-transferable license, without the right to sublicense, to use the Product, provided you do not copy, adapt, reverse engineer, decompile, disassemble, create derivative works of, or modify any of the Product.


6. You agree to abide by all laws and regulations applicable to the Product and their content.


7. Karma may terminate this Agreement with immediate effect by written notice given by Karma if you commit any material breach of any term of this Agreement that (in the case of a breach capable of being remedied) shall not have been remedied within five (5) business days of a written request to remedy same.


8. KARMA AND ITS LICENSORS DO NOT MAKE ANY WARRANTIES, TERMS, REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, AND NON-INFRINGEMENT, OF MERCHANTABILITY OR QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE PRODUCT IS ACCURATE OR COMPLETE, AND ALL SUCH WARRANTIES ARE DISCLAIMED HEREBY. THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT NO COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE SHALL APPLY TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOUR ONLY REMEDIES IN RESPECT OF ANY CLAIM WHATSOEVER THAT YOU MAY WISH TO BRING AGAINST KARMA AND ITS LICENSORS ARE AS EXPRESSLY PROVIDED IN THIS AGREEMENT.


9. KARMA AND ITS LICENSORS SHALL IN NO CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER TO YOU FOR:
   
   
   1. ANY INDIRECT OR CONSEQUENTIAL LOSS OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFIT, REVENUE OR GOODWILL OR LOSS OF USE OF THE PRODUCT BY YOU OR FOR ANY OF YOUR LIABILITY TO ANY OTHER PARTY OF WHATEVER KIND HOWSOEVER ARISING (INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, CLAIMS FOR DAMAGES OR AWARDS OR OTHERWISE); OR
   2. ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER ARISING IN CONTRACT OR IN TORT OR OTHERWISE AND WHETHER AS A RESULT OF NEGLIGENCE OR OTHERWISE) EXCEPT TO THE EXTENT OF AN AMOUNT EQUAL TO US-$1,000; OR
   3. ANY TECHNOLOGICAL, ELECTRONIC OR OTHER MALFUNCTIONING OF ANY TELECOMMUNICATIONS COMPUTER OR ELECTRONIC EQUIPMENT ON OR OVER WHICH ANY INFORMATION IS RECEIVED BY OR TRANSMITTED BY KARMA AND ITS LICENSORS.


10. You undertake to indemnify and hold Karma, its licensors, successors, and affiliates, and, collectively, their respective partners, directors, officers, employees or agents, or anyone else who has been involved in the creation, production or delivery of the Product (collectively the “Indemnified Parties”) harmless from and against all damages, cost, claims and liabilities (including reasonable attorney’s fees) suffered or incurred by the Indemnified Parties as a consequence of any claims or proceedings made or brought against the Indemnified Parties by any person in connection with your use of the Product.


11. Karma and its licensors accept liability only for (a) death or personal injury caused by Karma or its licensors’ negligence; or (b) any other direct loss or damage caused by Karma or its licensors’ gross negligence or willful misconduct. To the extent permitted by law and except for section 10(a), under no circumstances will Karma and its licensors’ liability under this Agreement exceed US$1,000 for the Product, regardless of the cause or form of action.


12. You agree that this Agreement is enforceable by Karma and its licensors.

Portions of this software are copyright © 1982-2017, QNX Software Systems Limited. All rights reserved.

This Karma vehicle contains software (Runtime Configuration Nos. 506943 and 506944) (“Software”) that is distributed by or on behalf of Karma under license from QNX Software Systems Limited (“QSSL”). You may only use the Software in the Karma vehicle and in compliance with the license terms below.

Subject to the terms and conditions of this License, QSSL hereby grants to you a limited, non-exclusive, personal, and non-transferable license to use the Software in the Karma vehicle for the purpose intended by Karma. QSSL and its licensors reserve all license rights not expressly granted herein, and retain all right, title and interest in and to all copies of the Software, including all intellectual property rights therein. Unless required by applicable law, you may not reproduce, distribute or transfer, or de-compile, disassemble or otherwise attempt to unbundle, reverse engineer, modify or created derivative works of the Software. If permitted by Karma, or by applicable law, you may make one backup copy of the Software as part of the Karma vehicle software. You agree to: (1) not remove, cover or alter any proprietary notices, labels or marks in or on the Software; (2) ensure that all permitted copies of the Software bear any notice contained on the original; (3) not export the Karma vehicle or the Software in contravention of applicable export control laws; and (4) allow reasonable tracing of the Karma vehicle software copies by Karma and its licensors.

EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, QSSC AND ITS LICENSORS PROVIDE THE SOFTWARE ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES OR OTHER PROVISIONS OFFERED BY THE MANUFACTURER OR ITS DISTRIBUTOR(S) THAT DIFFER FROM THIS LICENSE ARE OFFERED BY KARMA OR ITS DISTRIBUTOR(S) ALONE AND NOT BY QSSC, ITS AFFILIATES OR THEIR LICENSORS. YOU ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE UNDER THIS LICENSE. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW (SUCH AS IN THE CASE OF DELIBERATE OR GROSSLY NEGLIGENT ACTS), IN NO EVENT SHALL QSSC, ITS AFFILIATES OR THEIR LICENSORS BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, PRODUCT FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF QSSC, ITS AFFILIATES OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your Karma vehicle is connected to a service that supports over-the-air updates and only collects and transmits what is necessary in connection therewith to provide the service. Your Karma vehicle includes an integrated wirelessly-enabled LTE Infotainment unit that originates and received wireless Wide Area Network (WWAN) transmissions for short message service, data and updates necessary for the function of the vehicle. You hereby agree as follows:

YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND UNDERLYING CARRIER. YOU UNDERSTAND AND AGREE THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHERWISE LIABILITY OF ANY KIND TO YOU. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE LTE INFOTAINMENT UNIT EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT.

YOU HAVE NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO THE DEVICE AND UNDERSTAND THAT ANY SUCH NUMBER CAN BE CHANGED FROM TIME TO TIME. YOU UNDERSTAND THAT KARMA AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.

THE SERVICE IS FOR YOUR USE ONLY AND YOU MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY.

YOU UNDERSTAND THAT THE UNDERLYING CARRIER DOES NOT GUARANTEE ANY END USER UNINTERRUPTED SERVICE OR COVERAGE. THE UNDERLYING CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE. THE UNDERLYING CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OF TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, YOU RELEASE, INDEMNIFY AND HOLD THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OF ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.

The Bluetooth® word, mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks by Karma Automotive, LLC is under license.

This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Karma Automotive LLC ("Company"). This Agreement governs your use of the mobile application MY REVERO, (including all related content provided therein, the "Application"). The Application is licensed, not sold, to you.

BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APPLICATION AND DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Mobile Device") and to access and use on such Mobile Device the Content and Service (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services.

Licensee shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality thereof, to any third party for any reason.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

All information we collect through or in connection with this Application is subject to our Company’s privacy policy located at Privacy Policy. (“Privacy Policy”) By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The Application may provide you with access to Company's website located at www.karmaautomotive.com (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at https://www.karmaautomotive.com/Legal and https://www.karmaautomotive.com/PrivacyPolicy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either the Application will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

This Agreement is effective until terminated. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. Company may terminate this Agreement at any time without notice, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination all rights granted to you under this Agreement will also terminate; and you must cease all use of the Application and delete all copies of the Application from your Mobile Device.

THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.

This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Orange County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Company reserves the right to modify or amend this Agreement from time to time without notice. If you continue using the Application following the posting of changes to the Agreement on the Application, you accept such changes.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

If you have any questions, concerns or inquiries about the Application or this Agreement, contact us at:

Telephone: (855) 56-KARMA

Available Monday-Friday, 8:00 a.m. – 6 p.m. PST
Mailing Address:
Karma Automotive
Attention: Client Services
3080 Airway Avenue
Costa Mesa, California 92626

or via email at
clientservices@karmaautomotive.com

Date: May 11, 2017