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These General Terms and Conditions (“BIB Terms”) apply to the website owned, operated, and maintained by or on behalf of BIB Technologies and its affiliates (collectively, “BIB” or “we” or “us”) and the products (including AUTOMATO vehicles), content, services data, software, and tools accessed or sold through BIB's website (the “Site”), applications (including mobile applications), vehicles, at BIB events, at BIB's physical locations, and placing an order or using our products or services (collectively the “Services”), you agree to be bound by these terms and conditions. In the event of a conflict between these BIB Terms and any signed contract between you and BIB, or its affiliates, the signed contract shall control to the extent of such conflict.
These BIB terms contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read these BIB terms carefully. These BIB terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions (see the section entitled “dispute resolution – arbitration and class action waiver" below). By creating a BIB account, using BIB mobile applications or BIB websites, placing an order for an AUTOMATO vehicle or other products or services, including charging and vehicle service from BIB you accept and are bound by these BIB terms.You may not order or obtain a AUTOMATO vehicle or products or services from BIB if you (a) do not agree to these BIB terms, (b) are not the older of (I) at least 18 years of age or (ii) legal age to form a binding contract with BIB, or (c) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.
Any disputes arising from or related to these terms and conditions or the use of our products or services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
If you have any questions or concerns about these terms and conditions or our products or services, please contact us at team@evbib.com.
You agree to indemnify and hold BIB and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our products or services, or your violation of these terms and conditions.
In no event shall BIB be liable for any damages, including but not limited to, direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use of our products or services
BIB does not guarantee that the vehicle wireless connectivity will be error-free or uninterrupted. BIB is not responsible for any damages arising from the use of the vehicle wireless connectivity.
If you purchase products or services from a third-party partner of BIB, the terms and conditions of that partner will apply to your purchase. BIB is not responsible for any damages arising from the use of products or services provided by third-party partners.
BIB offers the ability to access third party services including roadside assistance, service, connectivity, charging, and other products and Services via AUTOMATO vehicles, AUTOMATO apps and the Site. These third-party partners may have their own terms and conditions, including payment terms and privacy policies. You agree that any use of these products, services, or functionality is subject to these additional legal agreements with those partners, where applicable.
BIB reserves the right to permanently terminate or temporarily suspend all or part of your access and rights to the BIB Services at any time without notice to You.
BIB reserves the right to make changes to these terms and conditions at any time. Your continued use of our products or services following any changes to these terms and conditions will be deemed acceptance of those changes.
BIB is the owner or the licensee of the Site, including the source code, and BIB Apps, all content of the Site, and all the material published on the Site, as well any newsletter, updates, emails, and/or social media or informational updates and/or postings (collectively “Content”).
BIB owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names. You acknowledge and agree that BIB's (i) patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, “Intellectual Property”) are solely BIB's property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property or the Intellectual Property of BIB's licensors or suppliers. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of BIB or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws, regulations or treaties.
The compilation (meaning the collection, arrangement, and assembly) of all Content associated with the Services is the exclusive property of BIB and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited. Subject to your compliance with these BIB Terms, BIB grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these BIB Terms are reserved and retained by BIB.
You may be able to submit, upload, or post content, such as reviews, comments, or images, on our website or through our products or services (collectively, "User Content"). By submitting or posting User Content, you grant BIB a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, publish, distribute, and display such User Content in any and all media or form of communication, whether now known or later developed.
Standards: You are solely responsible for your User Content and agree that you will not submit or post any User Content that:
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Is defamatory, obscene, pornographic, vulgar, offensive, or otherwise inappropriate as determined by EVMS in its sole discretion;
- Promotes illegal or harmful activities;Contains viruses or other harmful code; or
- Falsely represents or misrepresents your identity or affiliation with any person or entity.
BIB reserves the right to remove any User Content that it determines to be in violation of these standards or for any other reason at its sole discretion.
Our website may contain links to third-party websites. These links are provided solely as a convenience to you and do not constitute an endorsement by BIB of the content of such third-party websites. BIB is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Our website is not intended for children under the age of 13. BIB does not knowingly collect, maintain, or use personal information from children under the age of 13.
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Some of the information on our website may contain forward-looking statements that involve risks and uncertainties. Actual results may differ materially from those expressed or implied in such statements.
The products and services offered on our website may be subject to local regulatory restrictions in certain jurisdictions. If you access our website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
BIB grants you a limited, revocable, and non-exclusive right to access and use our website for your personal use. You are responsible for ensuring that your use of our website complies with these terms and conditions and any applicable laws.
BIB respects the intellectual property rights of others and expects users of our website to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BIB's copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BIB's copyright agent for notice of claims of copyright infringement on its website can be reached by sending an email to team@evbib.com.
