PRIVACY POLICY

Last Updated: 12/30/2022

This policy describes how we use your personal information.

1. Who we are

Your personal information is collected by Automotive Evolution, (doing business as Automotive Evolution) has produced a comprehensive Web site utilizing the following URLs: https://www.evolutionautomotive.com/ (the "Web Site") which provides information, forums for communication. We also provide opportunities for our sponsors to present relevant content and conduct e-commerce as a convenience to our visitors.

Automotive Evolution contact details are as follows:
Address: 15967 S Golden Rd, Golden, CO 80401, United States of America
Email: info@evolutionautomotive.com
Phone: 303-289-2892

If you have questions, please contact the Data Protection Officer at:
Email:  info@evolutionautomotive.com
Phone: 303-289-2892

This Privacy Notice also covers our group of companies. We share information about you with other members of our group of companies so we can provide the best service across our group. They are bound to keep and use your information in accordance with this Privacy Notice:

• Duda, a corporation organized under the laws of the State of California.

2. Data collection and usage

We will collect store and use your personal information to allow access to our website https://www.evolutionautomotive.com/ ("Website") and to allow you to register with us, subscribe to our services, buy and use our products and services, and for the purposes set out in more detail in this section.

 What information we collect

How we use your data

We also collect, use and share  Aggregated Data such as statistical or demographic data for any purpose.  Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does  not directly or indirectly reveal your identity. For example, we may aggregate information about how you use our website, products and services to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

3. Legal requirements

We (or our merchants on our behalf) need to collect certain types of information for compliance with legal requirements relating to our anti-fraud and know your customer obligations. If this information is not provided we cannot agree to provide a product or service for you. Your personal information may also be processed if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defense of a legal claims. We will not delete personal information if relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.

4. How long do we keep your information

We will keep your information for as long as it is reasonably necessary. It will depend on factors such as whether you've any outstanding purchases or an account with us or have interacted with recent offers. We will also retain your information as necessary to comply with legal, accounting or reporting requirements.

We will also routinely refresh our information to ensure we keep it up-to-date. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

5. Information we share

There are certain circumstances where we transfer your personal data to employees, contractors and to other parties. As noted above, we share information about you with other members of our group of companies. we also share your information with certain suppliers, contractors or service providers. They may process your personal data for us. Our service providers include credit card merchants, CRM platforms, customer service software providers, surveys, e-commerce fulfilment suppliers, and cloud data storage suppliers. Other service providers include programmatic advert integrators, IT suppliers, database providers and backup and disaster recovery specialists.

Our suppliers and service providers will be required to meet our standards on processing information and security. The information we provide them, including your information, will only be provided in connection with the performance of their function. They will not be permitted to use your information for any purposes other than those outlined in this Privacy Notice.

We also share your information with certain third parties. We will do this either when we receive your consent or because we need them to see your information to provide products or services to you. These include credit reference agencies, anti-fraud databases, screening agencies and other partners we do business with.

Your personal information may be transferred to other third party organizations in certain scenarios:

• If we discuss selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
• If we are reorganized or sold, information may be transferred to a buyer who can continue to provide services to you;
• If we're required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police;
• If we are defending a legal claim your information may be transferred as required in connection with defending such claim.
• Your personal data may be shared if it is made anonymous and aggregated, as in such circumstances the information will cease to be personal data.

6. Where your information will be held

Your information is transferred outside the European Economic Area. We store our information on cloud servers located in the United States. Our cloud services provider is part of the Privacy Shield, which requires them to provide similar protection to personal data shared between Europe and the US.

Where we use third party vendors based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between Europe and the US.

Where we use third party vendors based in the US, but not part of the Privacy Shield, to ensure your personal information is properly protected, we will ensure that the transfer of this information is governed by a contract including Standard Contractual Clauses (SCCs).

7. Your Rights

You have certain rights in relation to your information. The availability of these rights and the ways in which you can use them are set out below in more detail.

Some of these rights will only apply in certain circumstances. If you would like to exercise, or discuss, any of these rights, please contact the Data Protection Officer at  info@evolutionautomotive.com

Access: you are entitled to ask us if we are processing your information and, if we are, you can request access to your personal information. This enables you to receive a copy of the personal information we hold about you and certain other information about it to check that we are lawfully processing it.

Correction: you are entitled to request that any incomplete or inaccurate personal information we hold about you is corrected.

Erase: you are entitled to ask us to delete or remove personal information in certain circumstances. There are also certain exceptions where we may refuse a request for erasing, for example, where the personal data is required for compliance with law or in connection with claims.

Restriction: you are entitled to ask us to suspend the processing of certain of your personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Transfer: you may request the transfer of certain of your personal information to another party.

Objection: where we are processing your personal information based on a legitimate interests (or those of a third party) you may challenge this. However we may be entitled to continue processing your information based on the our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.

Automated decisions: We do not currently make any automated decisions. However, if we did, you may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered. 

If you want to exercise any of these rights, please contact our Data Protection Officer in writing at  info@evolutionautomotive.com
 

8. Right to object

You have a right to object to us processing your information in certain circumstances.

Objection: where we are processing your personal information based on a legitimate interests (or those of a third party) you may challenge this. However we may be entitled to continue processing your information based on the our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.

You can ask us to stop processing your information at any time. In certain circumstances we may not be able to do this or may not be required to do this. For example, if the information is relevant to legal claims.

9. Direct Marketing

As described above, you can opt-out of receiving direct marketing from us at any time.We may use the information you give us on our website / app for direct marketing purposes to provide updates; newsletters; events; or other communications that we think may interest you. We will only do this with your consent (where required by law).

You can opt-out of receiving directing marketing from us at any time. You can do this by changing your marketing preferences on your online accounts settings page, clicking on the "unsubscribe" link included at the end of any marketing email we send to you, or by contacting the Data Protection Officer at info@evolutionautomotive.com   or  303-289-2892 or 15967 S Golden Rd, Golden, CO 80401, United States of America.

10. Analysis and Marketing

We use third party tools to personalize the advertising displayed to you on our website / app.

We use third party tools, including programmatic advertising, and retargeting, to make the advertising we show you on our Website and / or our partner websites more relevant and interesting to you. For this purpose, we use cookies, web beacons or similar technologies to collect information about your browsing behavior (see our Cookies Policy for more detailed information) and deliver interest-based ads to you.

11. Cookies

A "cookie" is a small file stored by your web browser on your computer's hard drive for future reference, or other similar technology such as web beacons and the like. Automotive Evolution uses "cookies" to compile information about our customers' use of our Web Site so that we may improve your experience at Automotive Evolution. Automotive Evolution cannot and will not use cookies to retrieve any personal information about you unless you have previously purchased from or registered with Automotive Evolution. Automotive Evolution does not and cannot use cookies to retrieve personal information about you from your computer unless you knowingly and willingly provided such information. Even though most web browsers accept "cookies," most browsers also give you the option to reject or limit the use of "cookies." Please note that although you may set your browser to reject or limit the use of "cookies," you will still be able to visit the Automotive Evolution site; however, your browsing experience will be affected.

12. Security

We at Automotive Evolution are aware that you may be concerned about the privacy and confidentiality of your personal information, including, of course, credit card information. Automotive Evolution has taken steps to ensure that this information is well protected. We protect your transactions using a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL, and most are, your sensitive information will automatically be encrypted before being sent over the Internet, providing you with a high level of security to ease your concerns. Alas, no data transmission over the Internet can be 100% secure. While we strive to protect your personal information, Automotive Evolution cannot warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. Please keep in mind that whenever you voluntarily disclose personal information online that information can be collected and used by others. Please be careful and responsible whenever you're online.

13. Link to third party websites

Our website, newsletters, email updates and other communications may, from time to time, contain links to and from the websites of others including our partner networks, advertisers and other group companies and/or social networks as offered to you and supported by your browser. The personal data that you provide through these websites is not subject to this Privacy Policy and the treatment of your personal data by such websites is not our responsibility. If you follow a link to any of these websites, please note that these websites have their own privacy notices which will set out how your information is collected and processed when visiting those sites. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy notices of entities through which you chose to share.

14. Children

CHILDREN UNDER THE AGE OF 13 MAY USE THE WEB SITE BUT ONLY PURSUANT TO OUR CHILDREN’S ONLINE PRIVACY POLICY AND PROVIDED PARENTAL CONSENT HAS BEEN OBTAINED FROM THE CHILD’S PARENT OR GUARDIAN. 

15. How to contact us

If you have any questions about this policy please contact our Data Protection Officer: info@evolutionautomotive.com or 303-289-2892 or 15967 S Golden Rd, Golden, CO 80401, United States of America.

TERMS OF USE

General

Automotive Evolution (doing business as and referred to here as Automotive Evolution"), Owns and operates the following web sites:  https://www.evolutionautomotive.com/ (together the "Site" or the "Service"). The Site offers a place for forums for communication. By accessing or using the Site as either a "Visitor" (which means that you simply browse the Site) or as a "Member" (which means that you have registered withAutomotive Evolution) or by "Posting" (which means that you use the Community section of the Site) you (the "User") indicate that you have read, understand and agree to be bound by the Terms of Use and agree to abide by all applicable laws ("Agreement"). Automotive Evolution reserves the right, at its sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice. If Automotive Evolution does as such, it shall post the changes to the Terms of Use page and will indicate at the top of the page the date in which these Terms of Use were last updated. User's continued use of the Site after any such updates to the Terms of Use are made signifies User's acceptance of the updated Terms of Use. It is the responsibility of the User to regularly check the Site to determine if there have been changes to the Terms of Use and to review any such changes.

PLEASE READ THE TERMS OF USE CAREFULLY AND THROUGHLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

This Site is intended solely for Users who are thirteen (13) years of age and older. Any registration to the Site by anyone under 13 is unauthorized and in violation of these Terms of Use. By using this Service or Site, you represent and warrant that you are 13 or older, that all information you submit is truthful and accurate, that your use of the Site does not violate any applicable law or regulation and that you agree to and to abide by all of the terms and conditions of this Agreement.

Member Information and Security

In consideration of User's use of the Site, User agrees to (a) provide accurate, current and complete information about you as requested by any registration process/forms ("User Information"); (b) maintain and update User Information in a timely manner; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of User's account and for any actions that take place using User's account. User is entirely responsible for maintaining the confidentiality of User's password.

Term

This Agreement will remain in full force and effect while User uses the Site. User may terminate this Agreement at any time for any reason whatsoever. Automotive Evolution also may terminate this Agreement at any time for any reason whatsoever and may do so immediately with or without notice, and without liability and accordingly deny User access to the Web Site, if in Automotive Evolution's sole discretion User fails to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either User or Automotive Evolution, User must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Even after termination by either the User or Automotive Evolution this Agreement will remain in full force and effect.

Proprietary Rights in Site Content

All content on the Site including all images, text, photographs, video, statistics, information, applications, articles, icons, illustrations, designs, logos and other material that are part of this Site (collectively, the "Content") are the proprietary property of Automotive Evolution or its licensors with all rights reserved. Site Content cannot be modified, reproduced, copied, posted, transmitted, downloaded, republished or sold in any form or by any means, in whole or in part, without the prior written permission of Automotive Evolution The foregoing does not include any Content posted legally to the Site by the User.

Copyrights and Trademarks

Unless otherwise noted, all Content has copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Automotive Evolution, on of its affiliates or by third parties or Sponsors who have licensed their materials to Automotive Evolution and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is the exclusive property of Automotive Evolution and is also protected by U.S. and international copyright laws.

Copyright and Trademark Objection

Automotive Evolution respects the intellectual property rights of others and bar Site Users from posting Content that would violate any third parties Copyright or trademark rights. Upon receipt of any Copyright or Trademark infringement notification, Automotive Evolution will immediately remove or block access to the allegedly infringed material. If a User has repeated infringement complaints against them Automotive Evolution, in its sole discretion, may terminate that User's account.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

User Content Posted and Responsibilities

User understands that the Community section of the Site is available for User's personal, non-commercial use only. This Site may also include bulletin boards and chat rooms, which allow feedback to Automotive Evolution and real-time interaction between users, and other features such as personalized home pages and threaded discussion areas, which allow users to communicate with others. Automotive Evolution does not control the messages, information or files that others may provide through the Site. User agrees and warrants that any Content posted by User will not violate any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. Further User agrees and warrants that User will not post Content that contains libelous, defamatory or otherwise unlawful material.

User is exclusively and solely responsible for User's profile (meaning User's name, image and likeness), photos, messages, music, video, text and any other Content that User upload, displays or publishes (hereinafter "posts") on the Site. User is barred from posting unpermitted material or Content not created by the User. Automotive Evolution may at any time delete or remove, with or without notice, any Content posted by User, in its sole discretion, for any reason whatsoever, including Content that Automotive Evolution deems to violate this Agreement. User is solely and exclusively responsible for any and all cost and/or expense for creating backup copies for User's Contented posted to the Site.

When User posts to any part of the Site User represents and warrants that User has the right to grant to Automotive Evolution irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. User may remove Content at any time for any reason whatsoever.

In addition User agrees not to use the Site to:

1. Post Content that is patently offensive or is objectionable, deemed in the sole judgment by Automotive Evolution or which restricts any other users's use of the Site or which may expose Automotive Evolution or its users to any liability of any kind whatsoever;
2. Solicit information from anyone who is under the age of eighteen (18)
3. Post Content that contains nudity or excessive violence;
4. Promote any unlawful act or violate the privacy rights, publicity rights, copyrights or trademark rights of a third party;
5. Post Content or otherwise make available information that is in any way threatening, criminal, defamatory, infringing, hateful, racist, obscene or fraudulent;
6. Gain access to another User's account or create a false identity;
7. Intimidate or harass another;
8. Transmit any sort of "junk mail," "chain letter," or unsolicited emails, instant messages or "spam;"
9. Post any sort of advertising or commercial activity and/or sales including but not limited to pyramid schemes, sweepstakes or contests;
10. Promote criminal activity and behavior or provide any type of information on how to commit crimes including but not limited to violating someone's privacy, spreading viruses or making or buying illegal weapons;
11. Publicly post private information that would create a security risk for any person including names, address, email address, Social Security numbers, credit card numbers and phone numbers;
12. Solicit passwords or personally identifying information for commercial or unlawful purposed;
13. Impersonate another person or misrepresent oneself;
14. Upload any programs containing software viruses or any other computer code, files or programs designed to destroy, disrupt or limit the functionality the Site;
15. Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
16. Use the Service to post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
17. Use the Service to post or transmit any information, software or other material, which contains a virus or other harmful component.
18. Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising

User understands that Automotive Evolution has no obligation to monitor any bulletin boards, chat rooms or other areas of the Site through which users can supply information or material. However, Automotive Evolution reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Automotive Evolution's sole discretion are objectionable or in violation of these terms and conditions.

Use of Site

This Site and all its Contents are intended solely for personal, noncommercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Automotive Evolution or its suppliers and protected by U.S. and international copyright laws. The content and software on this Site may be used only as a browsing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. ODM, Automotive Evolution are all trademarks of Automotive Evolution.

User comments, feedback, postcards and other submissions

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Automotive Evolution on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Automotive Evolution's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Automotive Evolution of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, {Automotive Evolution will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Automotive Evolution is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User any compensation for any Comments; or (3) to respond to any user Comments. User agrees that no Comments submitted by User to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). User further agrees that no Comments submitted by User to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. User is and shall remain solely responsible for the content of any Comments User makes. Automotive Evolution welcomes User comments regarding the Automotive Evolution Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted by you shall be and remain the exclusive property of Automotive Evolution. Your submission of any such Comments shall constitute an assignment to Automotive Evolution of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Automotive Evolution will be entitled to use, reproduce, disclose, publish and distribute any material User submits for any purpose whatsoever, without restriction and without compensating User in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Indemnification

User agrees to defend, indemnify and hold Automotive Evolution harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Governing Law, Venue and Jurisdiction

By User browsing or using the Site, User agrees that the laws of the State of CO will govern these Terms of Use and any dispute that arises between User andAutomotive Evolution and/or its affiliates. In regards to any dispute or claim User agrees not to commence any action in connection herewith other than in the state and federal courts of Minnesota, and User hereby consents to, and waives all defenses of lack of personal jurisdiction with respect to venue and jurisdiction in the state and federal courts of CO

Disclaimer

THIS SITE IS PROVIDED BY Automotive Evolution ON AN "AS IS" BASIS. Automotive Evolution MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Automotive Evolution DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, FLW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL Automotive Evolution OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SPONSORS VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Automotive Evolution WEB SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FLW HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE Automotive Evolution TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Automotive Evolution WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE Automotive Evolution WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Automotive Evolution UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100)

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