ECOMOTIVE™, Inc. a Delaware corporation (“ECOMOTIVE”) provides this website located at www.ecomotive.us (“ecomotive.us”), all the content under this domain, certain related software, and its services to you subject to the following terms and conditions. By using ecomotive.us you agree to be bound by the latest amended versions of this Agreement and ECOMOTIVE’S Privacy and Security Policy (see “Modifications” below).
All content included on ecomotive.us, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of ECOMOTIVE and protected by United States and international copyright laws. Reproduction of the content of ecomotive.us without the written permission of ECOMOTIVE is prohibited.
TRADEMARKS AND SERVICEMARKS
ECOMOTIVE™, BLUE IGNITION™, the ECOMOTIVE logo, the BLUE IGNITION logo, and other ECOMOTIVE and/or BLUE IGNITION graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of ECOMOTIVE or its subsidiaries. ECOMOTIVE’S trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not ECOMOTIVE’S, in any manner without ECOMOTIVE’S permission. All other trademarks not owned by ECOMOTIVE or its subsidiaries that appear on ecomotive.us are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ECOMOTIVE or its subsidiaries.
You agree to indemnify and hold ECOMOTIVE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ECOMOTIVE.US, THE ECOMOTIVE SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY ECOMOTIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECOMOTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ECOMOTIVE.US, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ECOMOTIVE.US. YOU EXPRESSLY AGREE THAT YOUR USE OF ECOMOTIVE.US, THE ECOMOTIVE SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOMOTIVES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ECOMOTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF ECOMOTIVE.US, THE ECOMOTIVE SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ECOMOTIVE MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT ECOMOTIVE.US, THE ECOMOTIVE SERVICE, ANY DOWNLOADABLE SOFTWARE, THE ECOMOTIVE SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECOMOTIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ECOMOTIVE.US, THE ECOMOTIVE SERVICE, OR ECOMOTIVE DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
The Service may provide, or third parties may provide, links to other websites or resources. Because ECOMOTIVE has no control over such sites and resources, you acknowledge and agree that ECOMOTIVE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ECOMOTIVE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
APPLICABLE LAW By visiting ecomotive.us, you agree that the laws of the United States and, specifically, those of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ECOMOTIVE or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Suessex County, Delaware, USA.