Website Terms of Service
Welcome to Zero Motorcycles website and mobile application (which we refer to in these Terms of Service as the “Site,” which also refers to any content, functionality, and services offered on or through the website and/or mobile application). These Terms of Service (these “Terms”) are in place to govern your use of, and access to, the Site.
The Site is owned and/or operated by Zero Motorcycles, Inc., who we refer to in these Terms, together with our affiliates, as “us,” “we,” “our,” and/or “Zero Motorcycles.” When we refer to “you” and “your” in these Terms, we are referring to you as a visitor to and user of the Site.
Acceptance of Terms
YOU SHOULD CAREFULLY READ THESE TERMS. By visiting and/or purchasing from the Site, you are agreeing to be bound by these Terms, which are a binding contract between you and us. If you do not wish to agree to abide by these Terms or any other Site Policy, you should not access or otherwise use the Site.
Social Media Accounts and Third Party Sites
In addition to our Site, we also like to interact with you on third party sites where we post content or invite your feedback, such as through our accounts on Facebook, Twitter, Instagram, and LinkedIn (“social media sites”). In addition, we and others may provide links from our Site to web pages, websites, and other resources or locations on the web (including the social media sites, “third party sites”).
Intellectual Property Ownership Notice
This Site and all content contained on this Website, including all brand names, product names, logos, graphics, photographs, text, copyrights, service marks, and trademarks are the exclusive property of Zero Motorcycles. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Site or any content contained on the Site without the express prior written consent of Zero Motorcycles. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise in any way attempt to change or alter the Site. Violating these Terms may subject you to legal liability.
Our trademarks and logos, including the names “Zero Motorcycles” and “Zero” and all related names, logos, products names, designs, and slogans used and displayed on the Site are our (or our licensors’) trademarks. You may not use any of these trademarks without our prior written permission. In addition, you may not use any metatags, meta elements, “hidden text,” or other equivalents using our names without our prior written permission.
Feedback and Unsolicited Ideas
Zero Motorcycles welcomes feedback, questions, and comments about our products, services, and this Site. As a general policy, we do not accept unsolicited ideas for products or services through this Site. All communications and other materials (including unsolicited ideas, photographs, drawings, suggestions, or materials) you send to us through the Site, by e-mail, or otherwise, are and will remain the sole and exclusive property of Zero Motorcycles and may be used by Zero Motorcycles for any purpose whatsoever, commercial or otherwise, without compensation to you.
You agree to defend, indemnify, and hold completely harmless Zero Motorcycles and our officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses (including attorneys’ fees), including claims based upon the negligence of Zero Motorcycles, arising from or related to your use of the Site and any sites linked to the Site, your negligence, your breach of these Terms or any other Site Policies, and/or your violation of any law or the rights of a third party.
Disclaimer of Warranties and Limitation of Liability
The Site is made available to users “AS IS” without any warranty of any kind. Zero Motorcycles makes no representations, guarantees, or warranties regarding the accuracy, reliability, confidentiality, or completeness of the Site. ZERO MOTORCYCLES, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, ZERO MOTORCYCLES DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING COMPUTER VIRUSES, WORMS, BUGS, TIME BOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
ZERO MOTORCYCLES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS SITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR ANY OF ITS CONTENT. IN ADDITION, ZERO MOTORCYCLES HAS NO DUTY TO UPDATE THIS SITE OR ANY OF ITS CONTENT, AND ZERO MOTORCYCLES WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, ZERO MOTORCYCLES IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS SITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS SITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION ON THE SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY NOR AFFILIATION WITH ZERO MOTORCYCLES.
Governing Law, Choice of Forum, Jury and Class Action Waiver
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
Injunctive Relief and Reservation of Rights
In the event you breach or threaten breach of these Terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
Zero Motorcycles, in its sole discretion, reserves the right to take all action or inaction relating to enforcement of these Terms and any other Site Policy as allowed by law.
If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Modifications to these Terms
Zero Motorcycles reserves the right to update, revise, supplement, modify or amend these Terms at any time. Any update, revision, supplementation, modification or amendment will be effective immediately upon its posting on the Site. You can review the most current version of these Terms at any time by accessing the section of the site labeled “Terms of Service,” and you are expected to check this page from time to time to take notice of any changes that we made to the Site or these Terms. You understand and agree that your continued access to or use of the Site after any posted update to these Terms indicates your acceptance of these Terms as updated, even if you did not take the time to read them.
Last modified: May, 2019