IMMOTOR provides electric personal mobility devices, smart battery systems and related platforms and products, including products designed for consumers and enterprise customers. You understand and agree that (i) our commercial and consumer mobility devices and other hardware and physical products, and the firmware contained therein (collectively, “IMMOTOR Hardware”) and (ii) our software controlling the IMMOTOR Hardware (“IMMOTOR Software”) are not considered part of the Site. The terms and any warranties that apply to IMMOTOR Hardware and IMMOTOR Software are included with such IMMOTOR Hardware and IMMOTOR Software.
2. ACCOUNTS AND REGISTRATION
3. PURCHASES; ADDITIONAL TERMS AND CONDITIONS
4. USER CONTENT
4.1 User Content Generally. Certain features of the Site, such as the IMMOTOR Forum or IMMOTOR GO Challenge, may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.
4.2 Limited License Grant to IMMOTOR. By posting or publishing User Content, you grant IMMOTOR a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
4.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.
4.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: a). you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize IMMOTOR and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by IMMOTOR, the Site, and these Terms; b). your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause IMMOTOR to violate any law or regulation.
4.5 User Content Disclaimer. IMMOTOR is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. IMMOTOR may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against IMMOTOR with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, IMMOTOR does not permit copyright-infringing activities on the Site.
5. USING THE SITE
6. PROHIBITED CONDUCT
By using the site you agree not to:
6.1 Access the Site for any illegal purpose or in violation of any local, state, national, or international law;
6.2 Conduct activities that may be harmful to others or that could damage IMMOTOR‘s reputation;
6.3 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
6.4 Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
6.5 Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6.6 Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other IMMOTOR account without permission, or falsifying your age or date of birth;
6.7 Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
6.8 Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
6.9 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
6.10 Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent IMMOTOR makes available the means for embedding any part of the Site or the User Content;
6.11 Access, tamper with, or use non-public areas of the Site, IMMOTOR’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of IMMOTOR’s providers;
6.12 Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
6.13 Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
7. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE
9. MODIFICATION OF THESE TERMS
10. OWNERSHIP; PROPRIETARY RIGHTS
13. DISCLAIMERS; NO WARRANTIES.
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE IMMOTOR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE IMMOTOR ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE IMMOTOR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY IMMOTOR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE IMMOTOR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
15. GOVERNING LAW
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Generally.In the interest of resolving disputes between you and IMMOTOR in the most expedient and cost effective manner, you and IMMOTOR agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND IMMOTOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions.Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Arbitrator.Any arbitration between you and IMMOTOR will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting IMMOTOR.
17.4 Notice; Process.A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). IMMOTOR’s address for Notice is: SZ IMMOTOR Technology Co., Ltd. Second Floor 202, Fall Valley, Meisheng Creative, No. 10 LongChang Road, Xinan Street, BaoAn District, ShenZhen, GuangDong Province, China; email: email@example.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or IMMOTOR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or IMMOTOR must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, IMMOTOR will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by IMMOTOR in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
17.5 Fees.If you commence arbitration in accordance with these Terms, IMMOTOR will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse IMMOTOR for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.6 No Class Actions.YOU AND IMMOTOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IMMOTOR agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.7 Modifications of This Arbitration Provision.If IMMOTOR makes any future change to this arbitration provision, other than a change to IMMOTOR's address for Notice, you may reject the change by sending us written notice within 30 days of the change to IMMOTOR’s address for Notice, in which case your account with IMMOTOR will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
19. CONTACT INFORMATION
The Site is offered by SZ IMMOTOR Technology Co., Ltd. and its affiliated companies, located at Second Floor 202, Fall Valley, Meisheng Creative, No. 10 LongChang Road, Xinan Street, BaoAn District, ShenZhen, GuangDong Province, China. You may contact us by sending correspondence to that address or by emailing us via http://www.IMMOTOR.com/contact-us or at info@IMMOTOR.com.