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TERMS & CONDITIONS

Thank you for your interest in Lotus and your visit to https://www.lotuscars.com/en-US (“our site”).

Please read the terms and conditions outlined herein (the “Terms and Conditions”) carefully before using or accessing anything on our site. By using or accessing our site, you agree to use our site in accordance with all applicable laws and regulations and in accordance with the Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using our site.

Information about us

The Lotus Cars entity entering into these Terms and Conditions with you in the United States of America is Lotus Cars USA, Inc., 47584 Galleon Dr, Plymouth, Michigan 48170, USA, which is referred to in these Terms and Conditions as "Lotus Cars," “Lotus,” or "we," "us" or "our". Some Lotus websites and certain content may be subject to different or additional terms. By accessing any other Lotus websites or content, you agree to be bound by any additional terms that govern use of each such website or such content.

These Terms and Conditions are not applicable to any other websites operated and/or owned by any entity other than Lotus Cars, and any automobile retailer or service center. Users of the foregoing resources should refer to the Terms and Conditions in effect for the applicable website.

Accessing our site Access to our site is permitted on a temporary basis. You may access or use our site and its contents solely for lawful, personal, noncommercial use and for no other purpose. You shall not, and shall not procure, assist or facilitate any third party to, modify, copy, link to, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, in whole or in part, obtained from our site without the written permission of Lotus. No right, title or interest in such materials is transferred to you by use of our site. We reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Conditions, and that they comply with them.

You agree that you will not: (i) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including but not limited to privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the rights to use such materials as provided in these Terms and Conditions; (ii) post on our site any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person. By way of example only, you may not post a photograph taken by a professional photographer unless the photographer has granted you the right to make copies of the photo. You are responsible for any third-party fees, taxes or other charges incurred by you in accessing our site (such as internet charges).

You shall not and shall not attempt to violate the security of our site including, without limitation:

accessing data not intended for you;
logging into a server which you are not authorized to access;
probing, scanning or testing the vulnerability of a system or network utilized by our site;
breaching the security or authentication measures adopted by us for our site; and
interfering with the access to or use of our site by other users.

User Communications

Any information uploaded by you to our site or sent to us via e-mail, postcard, letter, voice mail, social media venue or other transmission, including but not limited to photos, names, links, data, questions, comments, messages, Forum postings, suggestions, designs, concepts, or the like shall be and remain Lotus’s property, and Lotus shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages or content will violate the rights of any third party, contain any libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive, hateful, or otherwise unlawful materials, advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation, or contain viruses, Trojan horses, worms, corrupted files, any other malware or other materials that may cause damage to another's computer.

By sending us information about yourself on or through our site or any social media site related to Lotus, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Lotus, its affiliates and third-party providers of any information that you may provide on our site or Lotus related social media site.

Any information uploaded by you to our site or provided to us in any way, including but not limited to photos, names, links, data, questions, comments, messages, Forum postings, suggestions, designs, concepts, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

You acknowledge that we do not pre-screen or approve any information posted on our site by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the information posted by you as well as all consequences of your postings on our site. In any event, we take no responsibility whatsoever for the information posted by any users of our site, or for loss of content of any information, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any information posted to our site by its users. Any reliance by you on any information posted by other users of our site will be entirely at your own risk.

You may not use any content posted by other users of our site other than for the purposes of accepting, forwarding, identifying, locating and/or replying to any content on our site. We may not monitor our site at all times but reserve the right to monitor it any time. We may remove any information posted by you on our site which is abusive, illegal, disruptive, or inappropriate, in our sole and absolute discretion, without any compensation or recourse to you or any other person.

Without prejudice to the foregoing, we may limit or even ban your posting of any information, including but not limited to the period of time of posting and the size or content of your posting.

We do not accept any responsibility or liability for any information posted by users of our site, and the contents thereof do not necessarily represent or reflect our views or opinion.

You may request removal of any personal information you send us by sending a removal request email to legal@lotuscars.com in accordance with our General Privacy Statement.

Unsolicited Information

Lotus and any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Lotus or any of its employees. All such submissions will be destroyed without being read or considered.

Product Presentation

At Lotus, we make every effort to represent our products as accurately as possible. However, due to photography techniques and differences in monitor color and display capabilities, images of products may appear slightly smaller or larger than actual size, and color may vary. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. We are not responsible for the limitations of technology and do not guarantee that your screen’s display of any color, size, texture or detail of the products will be accurate.

Figures detailed on our site are target specifications based upon simulations. We have carried out thousands of hours of computer modelling, dynamic simulation and engineering development that have contributed to the target specifications. These figures may not reflect real life driving results, which will depend upon a number of factors including the options fitted, variations in weather, driving styles and vehicle load. The CO2 produced under real life driving conditions will depend upon a number of factors including the accessories fitted after registration, variations in driving styles, weather conditions and vehicle load. We endeavor to keep the information on the website up to date and we reserve the right to change these product specifications at any time without notice.

No Offer to Sell or Lease

The purchase of any Lotus vehicle shall be subject to the terms and conditions of the applicable sale or lease contract. Any Manufacturer's Suggested Retail Price (MSRP) listed on our site excludes taxes, delivery, title, license and local fees. Actual retailer price may vary. Our site shall not be used or relied upon by you as a substitute for information that is available from an authorized Lotus retailer.

Intellectual property rights We are the owner or the licensee of all intellectual property rights in our site, and in the material, content, copyright, trademarks, trade secrets, patents, service marks, and logos (“Material”) published on it, existing now or created in the future. All Material is protected by copyright and other intellectual property rights under United States and foreign laws. You must not use any part of the Material on our site for commercial purposes without obtaining a license to do so from us or our licensors. Lotus actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

All rights reserved. Any text, images, graphics, sound files, animation files, video files, and their arrangement on our site are subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This site may also contain images that are subject to third-party copyright.

TRADEMARKS LOTUS, the Lotus Roundel Device, model names and all associated logos and distinctive designs are trade marks of Group Lotus Ltd. subject to trade mark and other intellectual property protection.

For the avoidance of doubt, nothing contained in these Terms and Conditions will prejudice, negate or constitute waiver of the rights of Lotus under or by virtue of any regional or national intellectual property laws (whether of the United States or elsewhere) or international intellectual property laws.

Reliance on information posted Commentary and other materials posted on our site are not intended as advice on which reliance should be placed. We therefore disclaim any and all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Unless specifically noted, our site, any social media site, their contents or the information available on or through them is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. Neither Lotus, nor any of its affiliated or related companies, nor any of the employees, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding our site, social media sites, the content, any advertising material, information, products or services available on or through our site, and/or the results that may be obtained from use of our site, social media site or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties our site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. Lotus and its affiliates are not responsible or liable for any damage to, or virus that may infect, your computer equipment or other property.

Our site changes regularly We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and services and any orders placed through our site, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Lotus is not responsible for product descriptions provided by third parties. All material on our site is not intended as definitive advice and must be verified prior to purchase or any other use.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Some jurisdictions may not allow the exclusion or limitation of certain damages. In such cases, exclusions and limitations will apply to the greatest extent consistent with applicable law.

Indemnification

By use of our site or Lotus social media site, you agree to indemnify, defend and hold harmless, Lotus, each of its affiliated companies, and each of its respective partners, suppliers, subsidiaries, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all liabilities, claims and expenses (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding your use or misuse of our site, social media site or any violation of these Terms and Conditions.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. If you breach any Terms and Conditions you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the State of Delaware without regard to conflict of law principles.

If you are a consumer outside of the United States who accesses a link to the section of our site designed for the country where you are located, you are subject to the law of your country of residence. By accessing the section of our site designed for the country where you are located, you agree to the jurisdiction of that country’s courts with respect to any dispute relating to the use of the country-specific website that is not subject to arbitration hereunder.

Binding Arbitration and Class Action Waiver

Neither you nor Lotus will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and Lotus agree to arbitrate, as provided below, all disputes between you that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" as used here means any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning these Terms and Conditions or the products or services provided to you, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Lotus empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable. The arbitrator’s award shall consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

In the event of a dispute, you or Lotus must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Lotus:

Legal Dept.

Lotus Cars USA, LLC

47584 Galleon Dr.

Plymouth, Michigan 48170,

United States

We will send any notice of dispute to you at the contact information we have for you. You and Lotus will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.

After that sixty (60) day period, you or we may commence an arbitration proceeding. You or we may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Lotus do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right to set aside the award under the Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as amended by these Terms and Conditions. The JAMS Streamlined Arbitration Rules & Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/.

In connection with such arbitration: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (B) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator; provided, however, that to the extent (and only to such extent) the applicable arbitration rules expressly provide otherwise, such arbitration rules will supersede subsections (A)-(C) of this paragraph.

If you initiate arbitration proceedings against us, you will be required to pay a filing fee. All other costs shall be borne by us. In case we initiate arbitration proceedings against you, we will bear all costs associated with the arbitration.

You and Lotus agree to submit to the exclusive personal jurisdiction and venue of the State of Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. You and Lotus hereby consent to recognition and enforcement of any resulting award in any jurisdiction and waive any defense to recognition or enforcement based upon lack of jurisdiction over the person or property or based upon any doctrine of forum non conveniens.

Except as provided above with respect to jurisdiction in the State of Delaware, nothing in this arbitration provision shall be construed as consent by Lotus or any of its affiliates to the personal jurisdiction of any other court with regard to disputes, claims or controversies unrelated to these Terms and Conditions.

Information about you and your visits to our site We process information about you in accordance with General Privacy Statement. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Visit our General Privacy Statement page for information on how we collect, protect, store, and use information we receive from visitors to our site.

Viruses, hacking and other offences You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to website@lotuscars.com.

Links from our site Any links to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Lotus with respect to our site and supersede all prior or contemporaneous communications, whether oral, written or electronic, between you and Lotus. Should any of these Terms and Conditions be held invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect.

Variations We may from time to time amend these Terms and Conditions and we reserve the right to do so without notice at any time. The amended version will be published on our site.

Your concerns If you have any concerns about material which appears on our site, please contact legal@lotuscars.com or:

Legal Department

Lotus Cars USA, Inc.

47584 Galleon Dr,

Plymouth, Michigan 48170,

United States

Thank you again for your interest in Lotus and your visit to our site.