terms of service

Last modified: June 18, 2019

These Terms of Service (“Terms of Service”) govern your access to and use of services (“Service” or “Services”) made available by Carma Project, LLC, which operates the Carma Project ("the Carma Project" or “We”), including use of our website located at www.carmaproject.com (“Website”). BY ACCESSING, BROWSING, OR USING THE SERVICES OR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ANY SUBSEQUENT CHANGES TO THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SERVICES OR THE WEBSITE.

Changes and Additional Terms

We may revise and update these Terms of Service from time-to-time at our sole discretion. All changes are effective immediately when We post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.In addition, when using certain Services, you will be subject to any additional terms applicable to third-parties.

Services

Recall Verfication Service

The Carma Project allows individuals to determine if an eligible vehicle he/she owns or leases is subject to one or more specific product recalls. If you choose to utilize these Services, you grant us the right to share your personal information, including information about your vehicle, with various third-parties in order to process the recall verification services, and assist with the scheduling and remedy of an affected and eligible vehicle. Additionally, you agree to allow us to share your personal contact information with third-parties to facilitate further actions necessary to process the recall.

Ambassador Program

The Carma Project’s Ambassador Program allows individuals to share valuable information and promotions prepared by the Carma Project, its partners, customers, and/or affiliates on social media and other forums in exchange for credits, called CarmaCoin, which may be redeemed for various reward options.  Ambassadors are subject to additional terms contained in the Ambassador Agreement. These terms are in addition to the ones contained herein.

Desktop, Mobile, and Telephone Services

The Services include certain services that are available via a mobile device, which may include the ability to upload content to the Service via a mobile device and the ability to browse the Service and the Website from a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us.

By submitting your phone number to the Carma Project, whether through the Site, the Mobile Services, or any SMS messaging feature in connection with the Services, you (i) represent that you are the true account holder for such telephone number, or have the account holder’s authorization to use such phone number, and (ii) are consenting to be contacted by us or any of our affiliates and authorized vendors acting on our behalf, by telephone (on a recorded line or otherwise), automated calling, automatic telephone dialing systems, pre-recorded calling, pre-recorded voice message, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. Standard message and data rates may apply.  You may contact us at any time to change these Mobile Service preferences. You understand that We and our vendors and affiliates may maintain the contact information you submitted to us, even if you decide not to use the Services in the future. If you wish to revoke you consent at any time, you may do so by updating your account information or by emailing us at legal@carmaproject.com. The Carma Project is not responsible for any SMS messaging initiated by third-parties by our affiliates and/or authorized vendors. You must revoke your consent directly with our affiliates and/or authorized vendors.

In the event you change or deactivate your telephone number, you agree to promptly update your Account Information.

Grant of Rights

Subject to these Terms of Service, We hereby grant to you a non-exclusive, non-transferable worldwide, royalty-free right to access and use the Services. We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason at all, any part of the Website is unavailable at any time or for any period. From time-to-time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Intellectual Property Rights

The Services are the property of the Carma Project, and are protected by copyright, trade secret and other intellectual property laws. The Carma Project and its licensors retain any and all rights, title and interest in and to the Services (including, without limitation, all intellectual property rights), including all copies, modifications, extensions and derivative works thereof. All rights not expressly granted to you are reserved and retained by The Carma Project and its licensors. These Terms of Service permit you to use the Website 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 Website, except necessary for you to view the Website content in the normal course of business or personal use, or as expressly permitted by Us.

The Carma Project name, the Carma Project logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Carma Project, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of the Carma Project. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You must not access or use for any commercial purposes any part of the Website or Services available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please contact us by email at legal@carmaproject.com.  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Carma Project. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Third-party Websites

The Services may provide, or third-parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and We are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that the Carma Project will not be responsible or held 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third-parties found while using the Services are between you and the third-party, and you agree that We are not liable for any loss or claim that you may have against any such third-party. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

Privacy

Your privacy is important to the Carma Project. Accordingly, We have adopted a privacy policy. You should refer to the Carma Project's Privacy Policy to understand how we collect, use and disclose your personal information. Carma Project LLC follows best industry business practices and aligns ISO 27001:27002 privacy and security standards.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website: (1) 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); (2) to facilitate the transmission of junk mail or SPAM; (3) for fraudulent purposes such as the impersonation of the Carma Project, its employees, other users, or any affiliates, vendors, or services providers; (4) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Carma Project or users of the Website or expose them to liability.

In addition, you agree that you will not engage in activities that are prohibited by the Carma Project or its service providers, including the: (1) Use of any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material; (2) use of any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (3) use of any device, software, or routine that interferes with the proper working of the Website; (4) introduction of any viruses or code that are malicious or technologically harmful; (5) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (6) attempt to otherwise interfere with the proper working of this Website.

If we detect that you've committed any fradulent activity, you may be subject to financial penalties.

Carma Project was created as a response to domestic automotive recalls. Carma Project is intended for US Residents (Puerto Rico included) and Citizens only.

General Disclaimer

Use of these Services does not guarantee any result. The Carma Project Recall Verification Services are intended to facilitate the connection between vehicle owners and those responsible for facilitating product recalls.  Use of the Recall Verification Services to determine the applicability of a product recall to a particular vehicle is for informational purposes only.  The determination of whether a particular vehicle is subject to recall depends on third-party actions outside of our control, including the updating of dealer records and recall information from product or vehicle manufacturers, dealers, or other third-parties. We are not responsible for processing, administrating, or otherwise completing any product recall process, nor are We liable for the representation, correct or otherwise, that your vehicle is subject to a recall. Your reliance on any information provided through this site is at your own risk.  The Carma Project makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of this Website or the results given from the Recall Verification Services, and expressly disclaims liability for errors and omissions related thereto.

Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CARMA PROJECT NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE CARMA PROJECT NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE CARMA PROJECT 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, AND FITNESS FOR PARTICULAR PURPOSE.

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

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE CARMA PROJECT, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE 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, PERSONAL ECONOMIC LOSS, 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.  NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF SERVICE OR POSTED ON THE WEBSITE, THE MAXIMUM LIABILITY THAT CARMA PROJECT SHALL HAVE IN THE AGGREGATE IS LIMITED TO ONE HUNDRED U.S. DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Indemnification

You agree to defend, indemnify, and hold harmless the Carma Project, its sponsors, 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 Service or your use of the Website, including, but not limited to any use of the Website's content and Services, other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms of Service shall be deemed entered into Orange County, California and will be governed by and interpreted in accordance with the substantive laws of the State of California, without regard to its conflict of laws principles, and applicable federal laws of the United States. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Website Terms of Service.

Dispute Resolution and Arbitration

Except for claims for provisional equitable relief, all disputes arising hereunder shall be settled in an amicable discussion between you and the Carma Project. If any dispute should arise between you and the Carma Project which cannot be resolved in such manner, before resorting to any other legal remedy (other than provisional equitable remedies such as temporary injunction and/or restraining order), both of us shall attempt in good faith to resolve any such controversy or claim by mediation or arbitration before and in compliance with the rules established by JAMS.  Any arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). If we are unable to resolve the dispute within sixty (60) days of submission to JAMS, then either of us may file suit solely in any court of competent jurisdiction in Orange County, California.

YOU MAY ONLY RESOLVE DISPUTES WITH THE CARMA PROJECT ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE CARMA PROJECT AND ITS SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction in Orange County, California and not in arbitration.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service.

Waiver and Severability

No waiver by the Carma Project of any term or condition set out in these Terms of Service 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 Carma Project to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 Service will continue in full-force and effect.

Entire Agreement

The Terms of Service, our Privacy Policy and any applicable additional terms (including Ambassador Program Terms and Conditions) constitute the sole and entire agreement between you and the Carma Project regarding use of the Services and Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Contact Us

If you have any questions concerning these Terms of Service or any other agreement, please contact us via email at legal@carmaproject.com.

Notice for California Users

If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to Carma Project, 2900 Bristol Street, Suite D-201, Costa Mesa, CA 92626, with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.