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EchoPark Automotive, Inc. ("EchoPark") requests that you read the following terms and conditions (collectively, the "Terms") before using this web site (the "Site"). Your use of the Site constitutes your acceptance of these Terms and your agreement to follow and be bound by these Terms. These Terms constitute a legal, binding agreement between you and EchoPark. There may be additional or different terms and conditions stated elsewhere on the Site that apply to your access and use of the Site or your commercial dealings with EchoPark. If you do not agree to these Terms, you must not access or use the Site.
Unless otherwise stated in these Terms, any reference to "EchoPark" in these Terms refers to EchoPark Automotive, Inc. and all of its affiliates.
Changes to the Terms
EchoPark may modify these Terms at any time. Those modified Terms will become effective immediately after EchoPark posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate EchoPark's copyright, trademark, or other proprietary and intellectual property rights.
Modification of the Site
EchoPark reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that EchoPark will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. EchoPark may change the information and materials on the Site from time to time at its discretion.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
If you purchase a vehicle through the Site, your purchase will be subject to additional terms of sale that will be presented to you during the course of the transaction.
Transmission of Information and Other Materials Via the Site
EchoPark welcomes your comments and suggestions about the Site and EchoPark's products and services, but EchoPark does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You agree that any information, ideas, suggestions, or materials about the Site or EchoPark's products and services that you or individuals acting on your behalf send to EchoPark via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, "Information"), will not be considered confidential or proprietary, even if the Information is labeled "Confidential" or "Proprietary." Further, EchoPark will own all Information you submit to it via the Site, and by submitting the Information to EchoPark, you irrevocably assign to EchoPark all worldwide rights, title, and interest in and to that Information. EchoPark will be free to reproduce, use, disclose, and distribute Information to others without limitation or liability. EchoPark may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation, or attribution to you.
The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to EchoPark that you meet the foregoing age requirement. EchoPark will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.
EchoPark owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the "Content"), all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent EchoPark's express written permission as to particular Content on the Site, you may use the Content only for personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without EchoPark's prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if EchoPark provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by EchoPark’s end user license agreement for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
EchoPark or its affiliates own or license all trademarks, service marks, and trade names on the Site, including "ECHOPARK®", unless stated otherwise on the Site. You may not use these marks without EchoPark's prior express written permission.
Except as expressly provided above, EchoPark is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of EchoPark or any third party. You obtain no rights in the products, equipment, processes, or technology described on this Site by accessing or using the Site. EchoPark and any third party owners retain all of those rights.
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide EchoPark with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written 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 (vi) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on EchoPark actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
Attn: Legal Department
Charlotte, NC 28211
4401 Colwick Road
EchoPark Automotive, Inc.
If you wish to make any use of Content other than as authorized in this section, please contact EchoPark at the following e-mail address: inquiry@EchoPark.com.
You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) 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); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with section of these Terms titled "Intellectual Property"; (d) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation; (e) to impersonate or attempt to impersonate EchoPark, an EchoPark employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by EchoPark, may harm EchoPark or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site.
Additionally, unless EchoPark has agreed otherwise in advance, you agree not to: (i) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (ii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms; (iii) introduce any viruses, Trojan horses, unauthorized encryption, worms, logic bombs, or other material that is malicious or technologically harmful; (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (v) attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
References to Other Companies/Links to Other Websites
Linking to the Website and Social Media Features
You may link to EchoPark’s homepage, provided you do so in a way that is fair and legal and does not damage EchoPark’s 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 EchoPark’s part.
The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with EchoPark in causing any unauthorized framing or linking immediately to cease. EchoPark reserves the right to withdraw linking permission without notice.
EchoPark may disable all or any social media features and any links at any time without notice in EchoPark’s discretion.
Disclaimers of Warranties
EchoPark disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. EchoPark disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. EchoPark does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. EchoPark and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ECHOPARK DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL ECHOPARK, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM ECHOPARK, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless EchoPark, 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 (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms.
When you visit the Site or send e-mails to EchoPark, you are communicating with EchoPark electronically. You consent to receive communications from EchoPark electronically. EchoPark will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that EchoPark provides to you electronically satisfy any legal requirement that such communications be in writing.
If you set up an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EchoPark reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Governing Law and Venue
These Terms will be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in North Carolina state courts in Mecklenburg County, North Carolina or the United States District Court for the Western District of North Carolina. EchoPark and you consent to the jurisdiction of those courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If applicable local law prevents a dispute related to these Terms from being resolved in a North Carolina court, then you may file those disputes in your local court. Likewise, if applicable local law prevents your local court from applying North Carolina law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.
You acknowledge and agree that because the breach of these Terms would result in immediate and irreparable injury to EchoPark. EchoPark shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.
At EchoPark’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association in Charlotte, North Carolina applying North Carolina law.
Class Action Waiver
YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION RELATED TO THESE TERMS OR YOUR USE OF THE SITE. THIS MEANS THAT YOU MAY NOT BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM RELATED TO THESE TERMS OR YOUR USE OF THE SITE.
Limitation on Time to File Claims
Severability and Waiver
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. EchoPark's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If you have any questions regarding the Site or these Terms, please contact EchoPark at:
EchoPark Automotive, Inc.
4401 Colwick Road
Charlotte, NC 28211
Attn: Legal Department
or email us at: inquiry@EchoPark.com
Last updated: September 12, 2021