Terms and Conditions

WEBSITE USAGE TERMS & CONDITIONS

Initial Notice

Thank you for visiting the CODA Automotive Website. This is a binding legal agreement; please read it carefully before using this Website. By using this Website, you are agreeing to these terms of use. If you do not agree to these terms of use, please close your browser and do not use this Website.

List of Restrictions

Neither this Website nor any content on this Website, including, but not limited to, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use. Please note that this also excludes any use by any governmental, educational, charitable, business, or other institutional use that is not strictly a personal use by you.

Whenever you use any material from this Website, you must strictly preserve any and all copyright and other proprietary notices appearing on such materials. To the extent you download any software from the Website, such software, and all elements thereof, are licensed to you by CODA Automotive, Inc. for your personal use only.

You may not modify or prepare derivative works based upon the Website, or any element of the Website. You may not redistribute, sell, decompile, reverse-engineer, disassemble, or otherwise attempt to access the source code of any software downloaded from the Website.

Website Content

Any and all products and programs mentioned on this Website are in all cases subject to availability, and subject to change without notice.

The completely new, fully electric CODA sedan remains in the certification process. Accordingly, this site is intended only to provide you with information about our company and our planned product offerings. No product displayed on this site is currently offered for sale, and the products displayed are for informational purposes only. When our vehicle is available, it will initially only be for sale, registration, and principal use in the State of California.

While CODA Automotive makes reasonable efforts to ensure that all information on this Website is correct as of the date it is posted, CODA Automotive cautions that its products and programs are under development and are constantly being refined and improved. Therefore, we stress that all information contained on this Website is subject to change without notice and without obligation to any person.

To the extent that prices are shown, they are (unless otherwise specified) only estimates. Any prices quoted are U.S. Manufacturer's Suggested Retail Prices and do not include extra costs, such as, but not limited to, taxes, documentary fees, registration, and transportation. For specific product availability and program information, please make contact with CODA Automotive.

Reservation of Rights

All rights, titles, and interests in and to this Website are owned by CODA Automotive, Inc. The Website is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to CODA Automotive, Inc., or to their respective owners. In particular, the CODA logo, the word "CODA" in any form, any and all CODA vehicle names, and any and all CODA advertising tag lines and slogans are registered trademarks of CODA Automotive, Inc. or its affiliates. None of the items mentioned in this paragraph may be used without the prior written consent of CODA Automotive, Inc. All rights not expressly licensed to you as a user of this Website are reserved by CODA Automotive, Inc.

Warranty Disclaimers

This Website and all elements of this Website are provided on an "AS IS" basis without warranty of any kind, express or implied. CODA Automotive, Inc. makes no representations whatsoever about the suitability for any purpose of the information, software, products, and services contained on this Website. CODA Automotive, Inc. disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CODA Automotive, Inc. does not warrant that this Website will operate or perform in a manner that is uninterrupted or error-free, or that the Website or host server will be maintained free of viruses or other harmful code. CODA Automotive, Inc. makes no warranties that the information presented on this Website is current, up-to-date, or accurate. (Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.) The terms of these Website Usage Terms & Conditions shall be enforceable to the maximum extent permitted by applicable law.

Liability Limitations

Under no circumstance and regardless of legal theory, whether in tort, contract, or otherwise, will CODA Automotive, Inc. be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused and regardless of character, including, without limitation, any damages relating to lost data, computer failure, computer malfunction, or otherwise. (Some jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you.) The terms of these Website Usage Terms & Conditions shall be enforceable to the maximum extent permitted by applicable law. You agree to bear all risk related in any way to your usage of this Website.

Links to Third Parties' Websites

This Website may contain hyperlinks, which may link you to other documents or websites that are operated by third parties other than CODA Automotive, Inc. Such hyperlinks are provided solely for your convenient reference. CODA Automotive, Inc. does not control any website whatsoever other than this one, and is not responsible for the contents of any other website. CODA Automotive, Inc.'s inclusion of hyperlinks to other websites does not imply any endorsement of the operators of such websites, any material on such websites or any association with their operators. Accordingly, you agree to hold harmless CODA Automotive, Inc., its direct or indirect parent companies, subsidiaries, and affiliates, and the shareholders, officers, directors, employees, and agents of any of them, against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from hyperlinking.

Limit to Your Modification of these Terms & Conditions

You have no right to modify any of these Website Usage Terms & Conditions. Likewise, no other person or entity has any authority whatsoever to modify or waive any of these Website Usage Terms & Conditions. These Website Usage Terms & Conditions may only be modified by CODA Automotive, Inc.; only in writing; and only through the posting by CODA Automotive, Inc. of modified terms and conditions on this Website.

Compliance with Embargoes

This Website is presented by CODA Automotive, Inc. from within the United States of America. CODA Automotive, Inc. makes no representation that materials in this Website are appropriate or available for use in locations outside the United States. Neither this Website, nor any underlying information or technology, may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq, Libya) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Website.

General Terms and Conditions

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained anywhere in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement shall be deemed to have been made in the State of California, United States of America, and shall be interpreted, and the rights and liabilities of the parties to this Agreement determined, in accordance with the laws of that State, without regard to its conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, California, for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of such courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts, whether due to inconvenient forum or any other basis.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and CODA Automotive, Inc. as a result of this Agreement or use of this Website. You agree not to hold yourself out as a representative, agent, or employee of CODA Automotive, Inc., and CODA Automotive, Inc. shall not be liable for any representation, act, or omission on your part.

CODA Automotive, Inc.'s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of CODA Automotive, Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by CODA Automotive, Inc. with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and CODA Automotive, Inc. with respect to this Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CODA Automotive, Inc. with respect to this Website. Titles and headings used in this Agreement are for convenient navigation only and are of no legal significance or effect. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Indemnification

As a condition of your use of this Website, you agree to indemnify CODA Automotive, Inc., its direct or indirect parent companies, subsidiaries, and affiliates, and the shareholders, officers, directors, employees, and agents of any of them, against and from any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from your use of this Website.

Claims of Copyright Violations and Agent for Notice

The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located (for example, its URL), with enough detail that we may find it;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should be aware that there can be penalties for false claims under the DMCA.

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail
Copyright Agent
Office of the General Counsel
CODA Automotive, Inc.
1601 Wilshire Blvd.
Santa Monica, CA 90403

By fax
(310) 397-8985