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HARBINGER PRIVACY POLICY

Harbinger Motors Inc. and its affiliates (“Harbinger” or “we” or “our” or “us”) take our customers’ privacy very seriously. This privacy policy (“Policy”) describes how Harbinger collects, uses and shares personal information of users viewing or accessing this website as well as any of our other websites on which this Policy is posted or linked from, our social media pages, software applications, email communications, or other digital services (the “Site”), as well as offline. By providing information to us or by using our products or services, including this Site, you agree to the terms and conditions described in this Policy. Please read this Policy carefully to understand Harbinger’s practices regarding your information and how it will be treated.

WHAT WE COLLECT

We collect information about website users in a range of ways.

• Information You Give Us. Harbinger may collect information you provide directly to us on the Site, including, but not limited to, your name, email address, physical address, phone number, demographic information (e.g., age, gender, occupation, etc.), social media accounts, and other information provided directly to Harbinger by you. Harbinger may also collect information you provide by signing up for or attending events, engaging with us about sales or business development opportunities, participating in surveys, contests, sweepstakes, and promotions sponsored by Harbinger, interacting with Harbinger online via email, online or phone text messaging, blogs, forums, or social media, or submitting a job application to work at Harbinger. If you submit any information relating to businesses or people other than yourself, you hereby represent that you have the authority to provide such information and consent to the use of this information in accordance with this Policy.
• Information We Get From Others. We may also collect information about you that we receive from business partners, marketers, analysts, and other sources to enable us to verify and update information contained in our records, for analytics, and to better personalize our sites, products, and services for you. We may add this to information we get from the Site.
• Information Automatically Collected. When you visit the Site, Harbinger may automatically log certain information about you and your computer. For example, when visiting our Site, we may log your computer or mobile device operating system type and platform, internet protocol (IP) address, browser type and version, browser language, the websites you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times, and information about your use of and actions on our Site.
• Cookies. Cookies are small data files stored on your hard drive by a website. When visiting the Site, we may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other web traffic data. We, and our service providers, may use Cookies for security purposes, to facilitate Site navigation (such as automatic redirect to your personal page(s)), to display information more effectively, to provide you with a more personalized and interactive experience while using the Site, to understand how you engage with our offers, marketing, or campaigns, or to otherwise analyze and understand user activity. We also gather statistical information about the usage of the Site in order to continually improve its design and functionality, understand how the Site is used, and assist us with resolving questions regarding the Site and our products and services. If you do not wish for the Site to collect your information using Cookies, you can typically disable the use of Cookies (or disallow the use of Cookies on specific websites) by changing your browser settings. However, if you remove or reject our Cookies, it could affect how the Site works for you.
• Information Collected Using Other Tracking Tools. In addition to, or in conjunction with Cookies, we may use other tracking tools to, among other things, track the activity of users on the Site, help manage content, measure the success of marketing campaigns, and compile statistics about usage and response rates. For example, pixel tags (also known as clear GIFs, web bugs, or web beacons) may be used to track the online movements of users of the Site. Pixel tags and similar tools may also be used in our emails to track whether an email was read or forwarded to someone else.
• Analytics Tools. We may use Google Analytics and/or other website and application analytics services provided by third parties that use Cookies and other similar technologies to collect information about website or application usage and to report trends. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

USE OF COLLECTED INFORMATION

We may use information we collect to communicate with you, to provide and improve our products and services, and for the purposes listed below:

• To operate, maintain, and improve our sites, products, and services.
• To respond to comments and questions, provide customer service, and fulfill your requests.
• To complete and fulfill your purchases or other transactions, including to process your payments, communicate with you regarding an order, or provide you with relevant updates on our products or services, and provide you with related customer service. We may also contact you to ask for your feedback about a product, service, or event.
• To communicate with you about promotions and upcoming events, and to send you other news about products and services offered by us and our selected partners (subject to your consent where required by applicable law). Promotional communications may include, but are not limited to, newsletters, brochures, and email, phone or text message marketing, and may include information regarding Harbinger events, contests, products and services. If you no longer wish to receive these materials, you may opt out by following the opt-out instructions included in any marketing email or mailings received from us, or by contacting us at the addresses indicated under Contact Information below. Please note that we may still send you certain important administrative and non-marketing messages even if you opt out of receiving promotional emails, and you may continue to receive messages from certain of our third-party partners, such as product dealers or distributors.
• To send other company information and updates, including but not limited to, confirmations, invoices, technical notices, policy updates, security alerts, and support and administrative messages.
• To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, to enforce and prevent violations of our policies and terms, and as otherwise necessary to establish, protect, and defend our legal rights.

Except as described above and below, Harbinger may use or share information that does not directly personally identify you for any purpose permitted by law, such as for operational or research purposes, for industry or market analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required.

SHARING OF PERSONAL INFORMATION

We may share information we collect as follows:

• We may share personal information with your consent. For example, you may let us share personal information with third parties for their own marketing uses. Those uses will be subject to their privacy policies.
• We may share your information with our third-party service providers and channel partners to provide services such as website hosting, email delivery (e.g., delivery of our newsletter), data analysis and storage, billing and payment processing, order fulfillment, push notifications, information technology and related infrastructure, customer service, marketing, analytics, fraud protection, and other similar services.
• We may share personal information with dealers, distributors or similar third parties who have agreed to comply with this Policy.
• We may share personal information with third party sponsors of contests and similar promotions, if you elect to participate. For example, our waitlist and referral/reward program,
• We may share personal information, including information that may or may not personally identify you, to third parties to comply with a legal obligation (including, but not limited to, subpoenas); when we believe in good faith that the law requires it; in response to a lawful request by governmental authorities conducting an investigation, including to comply with law enforcement requirements; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; to enforce our agreements, policies, and terms of use; or to protect the rights, property, safety, or security of our products and services, Harbinger, third parties, visitors, or the public, as determined by us in our sole discretion.
• We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• We may also share aggregated and/or anonymized data (such as aggregate Site usage statistics or anonymized survey responses) with third parties for research, marketing, analytics or other purposes, provided we have taken reasonable efforts to ensure such information does not identify a particular individual.

We do not sell your personal information to anyone for any purpose.

Links or Content from Other Websites. Our Site may contain links to or content from websites maintained by third parties. Harbinger is not responsible for the privacy practices of such third-party sites. Please refer to the privacy policies of these respective websites to view the relevant privacy practices.

Social Media. Our Site may contain links or buttons to enable you to share or post content to third-party social media platforms. The privacy policies of such social media platforms will apply to any content you share or post, and Harbinger is not responsible for the privacy practices of such third-party platforms. We may also share personal information with your social media account provider (or such information may be shared with us), if you connect your social media account with any Harbinger social media account. If you do so, you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media platform’s privacy policy.

HOW WE PROTECT AND MANAGE YOUR INFORMATION

Security. Harbinger has implemented various physical, electronic, contractual and managerial security measures to protect against loss, misuse, and alteration of personal information that we store and collect. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. Should you have further questions or concerns about our security measures, please contact us using the addresses set forth under Contact Information below.

Retention of Your Information. We retain your information for as long as required to satisfy the purpose for which it is collected and used (for example, for the time necessary for us to fulfill orders, provide you with customer service, answer queries, or resolve technical problems), unless a longer period is required or permitted by law, such as to fulfill our legal obligations or to establish, protect or defend legal claims.

Your California Privacy Rights. Once a year, California residents may request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year. We comply with this law by allowing users to opt-out of sharing their personal information with third parties for direct marketing purposes. To receive the information described above or to request that we stop sharing your information, please contact us the addresses set forth under Contact Information below.

Collection of Data and Transfer Outside the United States. Harbinger is a company headquartered in the United States. The Site is primarily controlled and operated from the United States (unless you are accessing the Site from outside of the United States, in which case the Site may be localized for your jurisdiction); however information collected about you or your use of our products or services may be collected, stored and processed in any country where we have facilities or in which we engage service providers. Some of these jurisdictions, including the United States, may not provide an equivalent level of data protection as your home jurisdiction. When we transfer and process information about you or your use of our products or services to other countries, we will protect it as described in this Policy and in accordance with the requirements of local law, including, where applicable, the more stringent standards set forth in certain jurisdictions such as the European Economic Area (EEA). By using the Site, you acknowledge and consent to any such transfer, storage, or use of information to countries outside of your country of residence, including the United States. We will endeavor to take steps to ensure that your information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements. If you are in the EEA, you may have the right to obtain details about the mechanism under which your information is transferred to a third country. For more information about these transfer mechanisms, please contact us as set out in the Contact Information section below.

We may rely on various legal grounds to collect, use, and otherwise process your information, including: your consent; that the information is necessary for the performance of a contract with you; to comply with a legal obligation; to protect your, or someone else’s vital interests; or for a legitimate interest that is balanced against your rights and interests. These legitimate interests may include Harbinger’s interest in improving its products and services, enhancing safety and security, protecting Harbinger or its business partners against wrongful conduct, and responding to customer inquiries and claims. Where applicable, we will take reasonable efforts to inform you whether and why we need certain information from you, for example, whether we need the information to fulfill a legal or contractual requirement and what the consequences are of not providing the information.

Minors. Our products and services are not directed to individuals under the age of thirteen (13), and we request that these individuals not provide any information to Harbinger. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, if you are under the age of eighteen (18), you should only use the Site with the involvement of a parent or guardian.

INFORMATION CHOICES AND CHANGES

As detailed in the sections above and below, we give you many choices regarding our collection, use, and sharing of information from or about you or your use of our products or services. For example:

• Our marketing emails, newsletters, and other promotional materials include instructions for how you may “opt out” of receiving further communications. If you no longer wish to receive such communications, you may opt out by following instructions included in such communications, or contacting us at info@harbingermotors.com. or at the address indicated below. Please allow a reasonable time after reaching out for us to process your request.
• You may send all other requests about personal information to the addresses indicated under Contact Information below. You can request to change contact choices, opt out of our sharing with others, update your personal information, or cancel an account if one has been created.
• You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

Access and Data Subject Rights. In certain jurisdictions you may have the rights to request access to and receive information about certain information we maintain about you; update and correct inaccuracies in that information; have the information restricted or deleted; object or withdraw your consent to certain uses of information; and lodge a complaint with your local supervisory authority. You may also have the right to data portability with regard to the data you provided to us. These rights may be limited in some circumstances by local law. If you would like to exercise your rights in relation to information from or about you, you may contact us at the addresses set forth under Contact Information below.

In your request, please make clear what information you would like to have changed, whether you would like to have the information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of the information that you have provided to us. For your protection, we may only implement requests with respect to the information associated with the particular email address that you use to send us your request, or we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for recordkeeping or legal compliance purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the information provided until after the completion of such purchase or promotion).

CONTACT INFORMATION

We welcome your comments or questions about this privacy policy. Comments or questions can be sent via email to info@harbingermotors.com. You may also contact us at our address:

Harbinger Motors Inc.
Attn: Legal
15700 S Figueroa St
Gardena, California 90248

CHANGES TO THIS PRIVACY POLICY

We may change this privacy policy. If we make any changes, we will change the “Last Updated” date displayed below. We reserve the right, in our sole discretion, to modify this Policy, in whole or in part, at any time. You should check the Site from time to time to see if there have been any changes, as they may apply to you. Where appropriate, you may also be notified of updates to the Policy by email. Your continued use of the Site, or otherwise providing information to us following these changes, confirms your acceptance of all changes that we make.

Last Updated: 2022-08-07

TERMS OF USE

These General Terms and Conditions (“Terms”) apply to the website owned, operated, and maintained by or on behalf of Harbinger Motors Inc. and its affiliates (collectively, “Harbinger” or “we” or “us”) and the products, content, services data, software, and tools accessed or sold through Harbinger’s website (the “Site”), applications (including mobile applications), vehicles, at Harbinger events, or at Harbinger’s physical locations (collectively the “Services”). In the event of a conflict between these Terms and any signed contract between you and Harbinger, or its affiliates, the signed contract shall control to the extent of such conflict.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE “DISPUTE RESOLUTION”) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Access to the Site

License

Subject to these Terms, Harbinger grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use.

Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Modification

Harbinger reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Harbinger will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

No Support or Maintenance

You acknowledge and agree that Harbinger will have no obligation to provide you with any support or maintenance in connection with the Site.

Ownership

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Harbinger or Harbinger’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. Harbinger and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

User Content

User Content

“User Content” means any and all information and content (e.g., content in a user’s profile or postings, chats, images, audio, video, contest entries, etc.) that a user communicates, creates, submits, uploads or otherwise makes available on, or with the use of, Harbinger’s website, software applications, services and/or platforms, or to or on a third-party website, account, page, service, application, and/or platform managed by Harbinger (e.g., social media accounts). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Harbinger. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Harbinger is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

License

You hereby grant (and you represent and warrant that you have the right to grant) to Harbinger an irrevocable, nonexclusive, sublicensable, royalty-free and fully paid, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, make available, and otherwise use and exploit your User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Harbinger’s products, on Harbinger’s website, services, applications, and/or platforms, and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity. You agree to indemnify and hold Harbinger harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Content resulting from your breach of these Terms. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral, ancillary, or similar rights or attribution with respect to your User Content.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Content that requires the use of Harbinger’s copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the derivative User Content, in all formats and media known or unknown to date, without restriction. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates 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) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts/instances on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

Enforcement

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to this Site, and/or reporting you to law enforcement authorities.

Submissions and Unsolicited Ideas

It is Harbinger policy to not accept, review or consider any ideas, works, materials, feedback, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “Submissions”) which are not specifically solicited by Harbinger. Please do not send or provide any unsolicited Submissions in any form to Harbinger or any of its employees or contractors.
If you provide Harbinger with any Submissions (including if, despite our request, you send unsolicited Submissions), you hereby assign to Harbinger all rights in such Submissions and agree that Harbinger shall have the right to use and fully exploit such Submissions and related information in any manner it deems appropriate without compensation to you. Harbinger will treat any Submissions you provide to Harbinger, whether or not solicited by us, as non-confidential and non-proprietary. You agree that you will not submit to Harbinger any information or ideas that you consider to be confidential or proprietary.

Privacy

Notwithstanding the foregoing, Harbinger shall comply with all applicable laws and regulations regarding its collection, use, transfer, and retention of User Content constituting a user’s personal information. For further information regarding Harbinger’s treatment of user personal information, please reference Harbinger’s Privacy Policy posted on the Site.

Indemnification

You agree to indemnify and hold Harbinger (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Harbinger reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Harbinger. Harbinger will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads | Other Users

Third-Party Links & Ads

The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Harbinger, and Harbinger is not responsible for any Third-Party Links & Ads. Harbinger provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Other Users

Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Harbinger will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

Release

You hereby release and forever discharge the Harbinger (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND HARBINGER (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HARBINGER (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF HARBINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination
Subject to the following restrictions, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. You understand that any termination of your Site access may involve deletion of your User Content associated with you or any account you establish on the Site from our live databases. Harbinger will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your User Content. Even after your rights under these Terms are terminated, those provisions of these Terms that would naturally and in common practice continue after termination (e.g., “Dispute Resolution”) shall survive and remain in effect.

General

Changes

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site (including by means of an updated version or revision date). These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Harbinger and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(1) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Harbinger that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Harbinger, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(2) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Harbinger should be sent to: 15700 S Figueroa St, Gardena, California 90248. After the Notice is received, you and Harbinger may attempt to resolve the claim or dispute informally. If you and Harbinger do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(3) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Harbinger made to you prior to the initiation of arbitration, Harbinger will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(4) Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(5) Time Limits. If you or Harbinger pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(6) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Harbinger, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Harbinger.

(7) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Harbinger in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HARBINGER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(8) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(9) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(10) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(11) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(12) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Harbinger.

(13) Small Claims Court. Notwithstanding the foregoing, either you or Harbinger may bring an individual action in small claims court.

(14) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(15) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(16) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose

Export

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Harbinger, or any products utilizing such data, in violation of the United States export laws or regulations.

California Disclosures

Harbinger is located at the address specified under “Contact Information” below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Considerations for Non-U.S. Users
Harbinger’s headquarters are located in the United States, and the Site is based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Site, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Site, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

Electronic Communications

The communications between you and Harbinger use electronic means, whether you use the Site or send us emails, or whether Harbinger posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Harbinger in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Harbinger provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Harbinger is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Harbinger’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Harbinger may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information

Copyright © 2022 Harbinger Motors Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) and all other designs displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address:

Harbinger Motors Inc.
Attn: Legal
15700 S Figueroa St
Gardena, California 90248

Email: info@harbingermotors.com

Last Updated: 2022-08-07