Terms of Use

Local Motors, Inc. and its subsidiaries and affiliates (collectively "Local Motors" or "we") provide service to you and its content on local-motors.com (the "Website") subject to the following terms and conditions (the "Terms"). We may periodically change the Terms without notice to you, so please check back from time to time. These Terms of Use constitute a binding agreement between Local Motors and you governing your use of the Website. By using and/or visiting the www.local-motors.com Website or any other Websites owned by Local Motors, you signify your assent to both these Terms of Use and the Local Motors Privacy Policy, which is specifically incorporated into the Local Motors Terms of Use and is included in the Website. You are only authorized only to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

1. Website Access

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

In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile (or My Account) page. In addition, you agree to immediately notify Local Motors of any unauthorized use of your password or account or any other breach of security. Local Motors cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

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

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

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

2. The Local Motors Website

These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Local Motors. Local Motors has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Local Motors from any and all liability arising from your use of any third-party website.

3. Copyrights

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

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

4. User Submissions

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

You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions with the exception of rights granted to Local Motors under specific terms governing Competition Design Submissions (which terms are addressed in Section 7). However, by submitting the User Submissions to the Website, you hereby grant Local Motors a worldwide, non-exclusive, royalty-free, sublicensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Local Motors' (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

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

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

5. Trademarks

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

6. Rules of Conduct

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


You may not, in connection with the Website:

  • Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized (except to iterate when given express permission);
  • infringes or violates any patent, copyright, trademark, trade secret or other property right;
  • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • promotes software or services that deliver unsolicited e-mail; or
  • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
  • You may not, except with Local Motors' express advance authorization or in a specially designated area, use the Website to:
  • Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
  • Iterate on other users design submissions;
  • Form a team towards a contest;
  • engage in commercial activities within the Website;
  • harm minors in any way;
  • solicit personal information from anyone under 18;
  • provide false or deceptive information;
  • use Local Motors content to engage in commercial activities;
  • delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so; or
  • allow usage by others in such a way as to violate Local Motors' Terms of Use.
  • violate the Local Motors Process for Unethical or Offensive Behavior

7. Competition Design Submissions

If you are submitting a Competition Design, you agree to additional Design Competition Rules (also referred to as "Design Submission Terms and Conditions") included in the Website.

8. Notices of Infringement and Takedown by Local Motors

Local Motors has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (currently located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf) ("DMCA"). The address of Local Motors' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

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

A. Procedure for Reporting Copyright Infringements
If you are a copyright owner or an agent thereof and believe that any User Submissions or any other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. 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
  6. 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.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Local Motors' policy:

  1. to remove or disable access to the infringing content;
  2. to notify the content provider, member or user that it has removed or disabled access to the content; and
  3. that repeat offenders will have the infringing content removed from the system and that Local Motors will terminate such content provider's access to the Local Motors Website.

C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider believes that the content that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider;
  2. 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;
  3. A statement that the content provider has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Content provider's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or if the content provider's address is located outside the United States, for any judicial district in which Local Motors is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Local Motors may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Local Motors' discretion.

Please contact Local Motors' Designated Agent to Receive Notification of Claimed Infringement at the following address:

Copyright Infringement Local Motors, Inc. 1576B S. Nelson Rd Chandler AZ 85226 Phone: 617-314-3333 Fax: 617-977-8600 Email: copyrightinfringement@local-motors.com

9. Modifications to the Website

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

10. Termination

Local Motors may, under certain circumstances and without prior notice, immediately terminate your Local Motors account and access to the Website and any other Local Motors services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Local Motors product. Termination of your Local Motors account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Local Motors’ sole discretion and that Local Motors shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

11. Disclaimers

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

12. Limitation of Liability

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

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

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

13. Indemnity

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

14. Ability to Accept Terms of Use

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 Use, and to abide by and comply with these Terms of Use. Local Motors is not intended for children under 13. If you are under 13 years of age, then please do not use the Local Motors Website.

15. Assignment

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

16. Copyright Notice

The Local Motors Website is © 2007-2012 Local Motors, Inc. - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Local Motors.

17. General

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

18. Governing Law; Jurisdiction

These Terms are governed by the laws of the State of Arizona without reference to the principles of conflicts of laws thereof.

19. Violations of These Terms of Use

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to copyrightinfringement@local-motors.com>. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Local Motors in its sole discretion may investigate the matter and take such action as Local Motors determines to be appropriate.

20. Updates to Terms of Use

Terms of Use updated March 24, 2008.