Effective Date August 3, 2023
Fisker Group Inc. and/or its affiliates ("Fisker") provide content, software, services and features to you when you visit fiskerinc.com or another Fisker website, use the Fisker mobile applications (such as, My Fisker app), the Central Touchscreen (which controls the infotainment, navigation, climate and other functions in the vehicle), Fisker products or services, and software in connection with any of the foregoing (collectively, "Fisker Properties"). By accessing or continuing to use Fisker Properties, you agree to be bound by these Terms and Conditions (the "Terms"), in addition to any other terms, policies, and disclaimers referenced in these Terms, presented on the Fisker Properties, or otherwise required to access certain features of the Fisker Properties (e.g., the Fisker Reservation Agreement required to place a reservation for a vehicle at www.fiskerinc.com/legal/reservation-terms) (the "Additional Terms", and, collectively with the Terms, the "Agreement"). If there is a conflict between these Terms and any Additional Terms, the Additional Terms shall prevail with respect to the specific content, software, service or feature. In these Terms, we refer to owners and occupants of the Fisker vehicle using Fisker Properties as "you", "your" and "User", and we refer to Fisker and its affiliates and subsidiaries as "we", "us" and "our".
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE FISKER PROPERTIES OR FISKER CONTENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. IF YOU DO NOT AGREE TO ARBITRATION, OR WITH ANY OTHER PROVISION IN THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE OR A MINOR IN YOUR STATE OF RESIDENCE, YOU ARE PROHIBITED FROM USING OR ACCESSING THE FISKER PROPERTIES.
IF YOU USE, ACCESS, ENROLL IN THE FISKER PROPERTIES, YOU CONSENT ON BEHALF OF YOU AND OCCUPANTS IN YOUR VEHICLE TO THE AGREEMENT; AND TO WIRELESS COMMUNICATION ENABLED IN THE VEHICLE TO DELIVER THE SERVICES, MESSAGES (TEXT OR EMAIL), NOTIFICATIONS, AND TELEPHONE CALLS TO YOU OR OTHER OCCUPANTS IN YOUR VEHICLE.
1. Your Right to Use the Fisker Properties and Fisker Content
The graphics, photographs, video, images, text, digitally downloadable files, trademarks, logos, slogans, software, and any other materials presented by Fisker on the Fisker Properties, and the compilation of the foregoing on the Fisker Properties (collectively, the "Fisker Content"), are the property of Fisker or its licensors and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You acknowledge and agree the Fisker Content and Fisker Properties are licensed and not sold to you.
Fisker grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use: the Fisker Content and Properties, the Fisker mobile application on one mobile device owned by you or leased by you, or in connection with your authorized use of a Fisker vehicle. Fisker reserves all rights not expressly granted under these Terms. This license will automatically terminate should you violate any term of the Agreement and may otherwise be terminated by Fisker at any time. Upon the termination of this license, you must destroy any downloaded Fisker Content or Fisker Properties in your possession, whether in electronic or printed format.
2. Updates to the Agreement, Fisker Properties, or Fisker Content
Fisker may update the Agreement at any time without notice and reserves the right to discontinue, update, modify, upgrade, and supplement the Fisker Properties, Fisker Content, product and services, including but not limited to vehicle specifications and pricing; automatically release updates adding, removing, or deprecating all or part of features or functionality from the Fisker Content, Fisker Properties, products, packages, subscriptions, and services at Fisker’s sole discretion; and at any time without incurring obligations. You consent to such automatic upgrading of Fisker Properties and Fisker Content on your mobile device and agree that these Terms will apply to all such upgrades. You agree to review your Agreement periodically to ensure that you are familiar with the most recent version. When we change the Terms or Additional Terms in a material manner, we shall update the date at the top of the Terms or Additional Terms, as applicable. Your continued access or use of any Fisker Property, Fisker Content, products and services following the posting and/or distribution of a revised, updated, or changed version of the Terms or Additional Terms shall be deemed to be your acceptance of the revised, updated, and/or changed Terms or Additional Termseven if you have not electronically signed the terms.
To access certain features of the Fisker Properties, products or services, you may need to register for an account on the Fisker Properties (“Account”) which may require you to submit certain personal information. You agree to: (a) not share your Account or transfer any part of it to anyone else; (b) provide accurate, current and complete information during the registration process and keep your Account up-to-date; and (c) keep your password secure and confidential. We reserve the right to deny such registration, or to cancel passwords that we deem inappropriate. You agree to notify us immediately of any unauthorized use of your Account. You are responsible for anything that occurs through your Account prior to closing it or reporting its misuse to us.
ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE. You agree to the use of electronic documents and records in connection with your registration for a Fisker Account, agreement to the Terms or Additional Terms, and subscription to the services and all future documents and records, including without limitation this electronic signature and disclosure notice. You agree that this notice satisfies any requirement that we provide you these documents and their content in writing. You may (a) print a paper copy of the terms; and (b) update or withdraw your consent to the use of electronic documents and records by sending your notice to email@example.com. If you withdraw your consent to the use of electronic documents and records, we may cancel your Agreement and deactivate the services and you will not be entitled to a refund or credit.
4. Third-Party Links and Technology
Fisker offers the ability to access licensed and Third Party Offerings from your mobile device or from the Central Touchscreen. Fisker is not responsible for the contents of any linked sites or for any third-party technology, services, software, or applications (“Third Party Offerings”) on the Fisker Properties, or changes or updates to the linked sites of the Third Party Offerings which are under the applicable third-party terms. The inclusion of any third-party links or Third-Party Offerings on Fisker Properties does not imply endorsement by Fisker of the linked site(s) or third-party offerings. Where you decide to use any such third-party website or offerings, you do so at your own risk. You must only access a third-party website link if you are entitled to use the service reachable through each link (e.g., because you are a subscriber, or because the service is available for free). Links can stop working or might otherwise become unavailable at any time at the discretion of the respective service provider.
5. User Content
A Your Responsibility for Your Content
By using the Fisker Properties, including any features that facilitate the sharing of content on the Fisker Properties or to or from third-party sites, you understand that you are solely responsible for any graphics, photographs, video, images, text, and other information and content, or hyperlinks to any of the foregoing, that you provide, post, upload, publish, transmit or distribute on or through the Fisker Properties for access or use by other Users of the Fisker Properties (“Your Content”). Fisker does not own Your Content, and you, not Fisker, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Your Content. You represent and warrant that: (a) (i) Your Content and Fisker’s use thereof will not violate any federal, state or local law, regulation ordinance, court order, or other legal process (“Applicable Law”), (ii) infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights, (iii) you have the necessary licenses, rights, consents, and permissions to such Content under all intellectual property rights and/or privacy rights; and (b) Your Content is accurate and truthful. You acknowledge and agree that Fisker has no obligation to post or store Your Content. As such, we recommend that you take measures to preserve copies of any content you post through the Fisker Properties.
B Our Right to Use Your Content
C Our Right to Remove Your Content
We reserve the absolute right to remove or disable access to any content on the Fisker Properties as needed to (a) operate, secure and improve the Fisker Properties (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes); (b) ensure Users’ compliance with the Agreement (or any Fisker policy), Applicable Law, or an order or requirement of a court, law enforcement, or other administrative agency or governmental body; or (c) as otherwise set forth in this Agreement. Where we become aware of any content posted on the Fisker Properties that allegedly violates this Agreement, we may investigate the allegation and determine at our sole discretion whether to act, but have no liability or responsibility to you to do so. You agree to cooperate with us in good faith, as we may reasonably request, in any investigation we choose to undertake with respect to Your Content.
D No endorsement by Fisker
Fisker acts as a passive conduit for the content provided by Users of the Fisker Properties and has no obligation to screen or monitor such content. Content is provided at Users’ discretion and does not in any way constitute our endorsement. We use commercially reasonable efforts to monitor and remove Users who violate this Agreement. We have no obligation to monitor Users and disclaim any representation, warranty or undertaking in relation to the truthfulness, accuracy or reliability of the content provided by Users.
E Infringing Content
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Fisker website infringes their rights under U.S. copyright law. Follow the instructions on www.fiskerinc.com/legal/dmca and send Fisker a written notice by mail or email.
6. Acceptable Use of the Fisker Properties
Your permission to use the Fisker Properties is contingent on using the Fisker Properties when it is safe to do so, in compliance with all Applicable Law, these Terms, and in addition to the following rules:
A Prohibited Activities
You shall not use, encourage, promote, facilitate or instruct others to use the Fisker Properties and/or Fisker Content, third-party website or service for any illegal, harmful, or offensive purposes, including:
accessing any content available through the Fisker Properties through any technology or means other than those authorized by us on the Fisker Properties, such as by robot, spider, scraper or other automated means or manual process, for any purpose not authorized in the Agreement;
interfering with, or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Fisker Properties, or otherwise causing harm to the Fisker Properties, such as attempting to mine information about Users of the Fisker Properties;
attempting to gain unauthorized access to the Fisker Properties, Fisker Content, and/or Accounts;
removing, circumventing, disabling, damaging, or otherwise interfering with security or other preventive features of the Fisker Properties or Fisker Content and/or Accounts;
using your Content, the Fisker Properties or Fisker Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware, or other items of a destructive or harmful nature;
taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Fisker Properties or Fisker Content;
exporting, re-exporting, importing, or transferring any part of the Fisker Properties or Fisker Content except as authorized by United States law, the export control laws of your jurisdiction, and any other Applicable Laws;
renting, lending, publicly presenting, performing, broadcasting, distributing the Fisker Properties or Fisker Content; commercially exploiting the Fisker Properties or Fisker Content or making the Fisker Properties or Fisker Content available to any third party, other than to Users of the Fisker Properties or as otherwise provided by this Agreement; or accessing the Fisker Properties or Fisker Content for the purpose of building a similar or competitive product or service;
linking to the Fisker Properties or Fisker Content in any way that implies sponsorship by, or affiliation with Fisker, or otherwise "deep linking" to, framing, or reproducing any of the Fisker Properties or Fisker Content including Fisker favicon or marks without prior written consent from Fisker;
copying, translating, creating a derivative work of, reverse engineering, reverse assembling, disassembling, or decompiling the Fisker Properties or Fisker Content or any part thereof; or
partaking in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Fisker Properties or Fisker Content or exposes or may expose any Users of the Fisker Properties to harm or liability of any sort.
B Prohibited Content
You shall not transmit, store, display, distribute or otherwise make available any content through the Fisker Properties or Fisker Content that:
is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive;
is defamatory, libellous, harassing, abusive, obscene, sexually explicit, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against, or is inappropriate towards any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
promotes illegal or harmful activities or substances;
you do not have permission from the content owner or individuals appearing in the content to post, free of charge;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or another party's trade secrets);
creates a risk of any other loss or damage to any person or property; or
violates any other Fisker policy.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS FISKER’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE FISKER PROPERTIES INCLUDING DOWNLOADING, UPLOADING, SUBMITTING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO TO OR FROM THE FISKER PROPERTIES, AND ANY ISSUES CAUSED BY VIRUSES, BUGS, HARDWARE, SOFTWARE, OR FAILURES OR DELAYS IN THE WIRELESS NETWORK CONNECTIONS.
IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE FISKER PROPERTIES. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE, WHICH MAY NOT BE LAWFULLY LIMITED.
THE FISKER PROPERTIES AND FISKER CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS AND COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, PHOTOGRAPHIC, OR OTHER ERRORS. FISKER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE FISKER PROPERTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, OR WITH RESPECT TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE FISKER PROPERTIES.
SPECIFICALLY, FISKER MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:
THE DEVELOPMENT OR DEFINITIVE DELIVERY DATES FOR THE FISKER EV OR ANY UNRELEASED VEHICLE;
THE FINAL DESIGN, VEHICLE SPECIFICATIONS OR PRICE OF THE FISKER EV OR ANY UNRELEASED VEHICLE;
AVAILABILITY OF OUR VEHICLES IN ANY SPECIFIC REGION OR COUNTRY;
ANY REPRESENTATIONS MADE BY THIRD PARTIES REGARDING THE PRODUCTION, DELIVERY DATE, PRICE, OPTIONS, OR ANY OTHER INFORMATION ABOUT OUR VEHICLES;
POWER OUTPUT TARGETS IDENTIFIED ON THE FISKER PROPERTIES, WHICH ARE ESTIMATES ONLY. YOUR RESULTS MAY VARY;
RANGE AND CHARGE TIMES IDENTIFIED ON THE FISKER PROPERTIES, WHICH ARE ESTIMATES ONLY. YOUR RESULTS MAY VARY BASED ON PEAK CHARGING TIMES AND BATTERY STATE OF CHARGE. ACTUAL VEHICLE RANGE VARIES WITH CONDITIONS SUCH AS EXTERNAL ELEMENTS, DRIVING BEHAVIOURS, VEHICLE MAINTENANCE, AND LITHIUM-ION BATTERY AGE
FISKER DOES NOT WARRANT THE NAVIGATION SERVICES OR ANY SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. ERRORS MAY BE CAUSED BY LOCAL ENVIRONMENTAL CONDITIONS OR INCOMPLETE DATA. THE NAVIGATION SERVICES ARE PROVIDING INFORMATION RELATED TO YOUR JOURNEY ONLY AND ARE NOT TO BE USED AS A SAFETY RELATED TOOL AND CANNOT WARN YOU ABOUT ALL DANGERS AND HAZARDS WITH RESPECT TO THE ROAD YOU ARE DRIVING. YOU ACKNOWLEDGE IT IS YOUR DUTY TO DRIVE IN A CAREFUL AND SAFE MANNER AS WELL AS OBSERVING ALL APPLICABLE TRAFFIC REGULATIONS AND RULES. IT IS YOUR RESPONSIBILITY NOT TO USE THE FISKER PROPERTIES IN A MANNER THAT WOULD DISTRACT YOU FROM DRIVING SAFELY; AND
DATA TRANSMISSION AND MESSAGES MAY BE DELAYED, DELETED OR NOT DELIVERED, AND 911 OR SIMILAR EMERGENCY CALLS MAY NOT BE COMPLETED; AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF THE WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL FISKER OR ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DAMAGES DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE FISKER PROPERTIES OR FISKER CONTENT OR PERFORMANCE OF THE SERVICES, OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF THE FISKER PROPERTIES OR SERVICES, WHETHER OR NOT CAUSED BY EVENTS BEYOND THE REASONABLE CONTROL OF FISKER, ITS SUPPLIERS OR ITS LICENSORS, EVEN IF FISKER OR A FISKER AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL FISKER OR ITS AFFILIATES, SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND WEBSITE CONTRACTORS, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS FISKER AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $ 100.
You agree and will indemnify, defend, and hold harmless Fisker, its parents, affiliates, subsidiaries, successors and assigns, and their officers, directors, employees, and website contractors, and each of their officers, employees, and agents, and Fisker licensors and suppliers from and against all allegations, demands, actions, causes of action, proceedings (whether threatened or pending), orders, losses, liabilities, claims, damages, and expenses (including reasonable attorneys' fees and costs) arising out of your use of the Fisker Properties and services, your breach or alleged breach of any of the Agreement, or your breach or alleged violation of any rights of another, including the patent, copyright, trademark, proprietary or other rights of third parties with respect to your Content.
9. Privacy and Security
A User Data
Fisker cares about the integrity and security of User Data. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use User Data for improper purposes. You acknowledge that you provide User Data at your own risk. If you would like to report a vulnerability, please see: www.fiskerinc.com/legal/vulnerability-disclosure-policy. By disclosing any Feedback regarding security or vulnerability issues, you acknowledge you have the right and consents to disclose this Feedback. Any personal information you provide is subject to the www.fiskerinc.com/legal/privacy-policy .
A General Notifications
You consent to our using the email address you provide in your Account to send you notices related to applicable features (e.g., a vehicle reservation), including any notices required by law, in lieu of communication by other means such as postal mail. We may also use your email address to send you other messages, such as special offers or newsletters related to our vehicles or services. If you do not want to receive such email messages, you may unsubscribe as directed in the applicable communication. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
B Text Messaging Program
Receive important messages from Fisker via mobile device. We will update you on product news, account notifications, financial information, and vehicle delivery. By opting into this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. By signing up, you are confirming you are over the age of 13.
You may cancel at any time. Text STOP to 29408 to stop receiving Fisker Updates messages from Fisker (you will receive a confirmation text).
For additional information, text HELP to 29408 or contact support at firstname.lastname@example.org
11. Suggestions and Feedback
We welcome and encourage suggestions, comments, reports, enhancement requests, and improvements and other feedback related to the Fisker Properties (including but not limited to any Fisker products or services) ("Feedback"). You may submit Feedback through the "Contact" section of the Fisker Properties or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you hereby grant Fisker an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, have made, make, sell, import, export, copy, modify, prepare derivative works of, publish, perform, and distribute the Feedback for any purpose. You irrevocably waive and cause to be waived, against us or our Users, any claims and assertions of any moral rights contained in such Feedback.
12. Additional Terms for the Fisker mobile applications
You may use mobile data in connection with the Fisker mobile applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
To use the My Fisker app, you must have a mobile device compatible with the My Fisker app and can communicate with the Central Touchscreen. Fisker does not warrant that the My Fisker app will be compatible with your mobile device.
The My Fisker app has several remote command capabilities that control access to the vehicle. You can find more information in the Owner’s Manual. YOU ACKNOWLEDGE THE FOLLOWING: 1) USING THE MOBILE DEVICE AS A KEY FOB HAS THE SAME RISK WHEN A MOBILE DEVICE OR KEY FOB IS LOST, STOLEN, OR COMPROMISED; AND 2) THE RISK OF MALICIOUS CODE AND OTHER TECHNIQUES EMPLOYED BY COMPUTER HACKERS TO CREATE SECURITY EXPOSURES. YOU AGREE TO UPDATE THE MOBILE DEVICE WITH SECURITY UPDATES AND FIXES, MAINTAIN STRONG PASSWORDS, AND NOTIFY FISKER UPON BECOMING AWARE OF ANY UNAUTHORIZED USE OR BREACH OF YOUR MOBILE DEVICE AND ACCOUNT.
Open-source software that may be distributed or conveyed as incorporated in the Fisker Properties are covered by the applicable open-source software license terms authorizing the use of such code posted at www.fiskerinc.com/legal/opensource. The open-source software license terms are consistent with the license rights granted in these Terms and shall take precedence over these Terms solely with respect to the open-source software and to the extent these Terms imposes greater restrictions on you than the open-source software licenses.
If the Fisker mobile application is being acquired on behalf of the United States Government, then the following provision applies: The Fisker mobile application will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Fisker mobile application and Fisker Content by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
The Fisker mobile application originates in the United States and is subject to United States export laws and regulations. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition, the Fisker mobile application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of the Fisker mobile application, Fisker Properties, and Fisker Content.
Fisker mobile applications from App Stores
You acknowledge and agree Fisker mobile applications may be dependent on the third party from where you downloaded the Fisker mobile applications, e.g., the Apple App Store or Google Play Store (“App Store”). You acknowledge and agree that these Terms are between you and Fisker and not with the App Store and Fisker is responsible for Fisker mobile applications and services as described in these Terms. Your use of a Fisker mobile application must comply with the App Store’s then-current App Store Terms of Service. If you downloaded a Fisker mobile application from the Google Play Store, you acknowledge and agree that Google is a third-party beneficiary to the Agreement and Google does not have any obligation or liability to you with respect to the Fisker mobile application or these Terms.
If you downloaded a Fisker mobile application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Additionally, Apple is not responsible for any claims by you or a third party relating to the Fisker mobile application including: (a) product liability claims; (b) any claim that the Fisker mobile application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Fisker as provider of the software. You acknowledge that, in the event of any third-party claim that the Fisker mobile application or your possession and use of the Fisker mobile application infringes that third party's intellectual property rights, Fisker, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
Furthermore, you acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the Fisker mobile application. In the event of any failure of the Fisker mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Fisker mobile application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Fisker mobile application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Fisker as provider of the software.
13. Information and Complaints
If you have a question or complaint regarding the Fisker Properties or Fisker Content, please send an email to email@example.com. You may also contact Fisker by phone or mail using the contact information provided on the Fisker Properties. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with Fisker. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Governing Law
These Terms are governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. The state courts of California and federal courts sitting in the Central District of California have exclusive jurisdiction to determine any dispute arising under or relating to these Terms.
15. Dispute Resolution
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE FISKER PROPERTIES OR FISKER CONTENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
A Initial Dispute Resolution
We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Fisker Properties. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
B Agreement to Binding Arbitration
If we do not reach an agreed-upon solution within a period of thirty (30) days from the time an informal dispute resolution is initiated, then either you or we may initiate binding arbitration. All claims arising out of or relating to the Agreement (including its formation, performance and breach), the scope of this arbitration clause, the parties' relationship with each other and/or your use of the Fisker Properties shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association ("AAA"), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. Each party shall have the right to legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. Where you initiate arbitration, to the extent that the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and the claim is found to be non-frivolous, we shall pay any additional cost. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and appeal, among others, may be more limited in arbitration than in a court of law.
C Class Action and Class Arbitration Waiver
You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.
D Dispute Resolution for United Kingdom and European Union Residents
If You are a resident of the United Kingdom or European Union, You agree that all claims arising out of or relating to the Agreement (including its formation, performance and breach), the parties' relationship with each other and/or your use of the Fisker Properties shall be conducted under and subject to International Centre For Dispute Resolution (ICDR), in accordance with the ICDR rules and procedures and governed by the laws of Germany.
Information regarding the current features of the Fisker Ocean One (Launch Edition), Ocean Extreme, Fisker Ocean Ultra and Fisker Ocean Sport vehicles are listed at www.fiskerinc.com/ocean and as part of the configuration process.
17. Frequently Asked Questions, including the Limited Warranty andRoadside Assistance
See www.fiskerinc.com/faq and/or consult the Owner’s Manual.
To contact Roadside Assistance, use the My Fisker App and provide the following information: vehicle identification number (VIN), license plate number, disablement reason, and your location. Consult the Owner’s Manual to secure the vehicle for transportation.
Fisker vehicles may be covered by one or more patents in the US. and internationally as indicated in www.fiskerinc.com/legal/patents
The Agreement shall operate to the fullest extent permissible by law. Where Fisker fails to act with respect to your breach or anyone else's breach on any occasion, Fisker is not waiving its right to act with respect to future or similar breaches. Where any provision of the Agreement is unlawful, void, or for any reason unenforceable, then that provision is deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions of the Agreement. The rights and obligations of the parties contained in Section 3, 4, 5, 6,7,8,11,12, 14, and 15 shall survive any expiration or termination of this Agreement. This Agreement contains the entire understanding between Fisker and you relating to the subject matter herein and supersedes all prior oral or written agreements between us. You may not assign or transfer your rights and benefits under this Agreement without our prior written consent, but we may assign or transfer this Agreement without restriction. Nothing in this Agreement will be deemed to confer any third-party rights or benefits, save that our corporate affiliates, and licensors are deemed express third-party beneficiaries of this Agreement.