Terms of Use
LAST UPDATE: June 27, 2018

  

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Faraday&Future Inc. (“Faraday,” “we,” “our,” or “us). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of FF.com (the “Website), whether as a guest or a registered user.


Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound by these Terms of Use, as well as the terms in our privacy policy, found at https://www.ff.com/privacy-policy (the “Privacy Policy”). The Privacy Policy governs how the information that you provide from your use of the Website or that you otherwise provide to us may be collected, used and disclosed by us. If you do not want to agree to these Terms of Use or the Privacy Policy, you should not access or use the Website. In addition, by agreeing to these Terms of Use, YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO RESOLVE YOUR DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS, AND THAT CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED.


Changes to the Terms of Use 

The “Last Update” date above indicates the effective date of these Terms of Use. Faraday reserves the right to revise these Terms of Use at our discretion. In such a case, we will change the Last Update date above. However, any changes to the Dispute Resolution provisions will not apply to any disputes arising on or prior to the date the change is posted on the Website; rather, the dispute resolution provisions in effect when your dispute arose will apply.


Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Website. You should stop using this Website if you do not agree with the changes.


Accessing the Website and Account Security  

Access to some portions or all of the Website or to some of the resources that it offers may be restricted to access by certain users, such as registered users.


To access the portions of the Website restricted to registered users, you will need to register for an account and provide certain registration details or other information. By creating an account or otherwise providing us with any information, you represent and warrant that:

  • You will accurately furnish all contact and other information requested by us, and that all the information you provide to us is correct, current and complete. If you provide your country of residence, you represent that you are a resident of the indicated country, and that we may rely on this representation.
  • You will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on the Website.
  • The information that you provide to us does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; complies with all applicable local, state, provincial, national and other laws, rules and regulations; and does not violate these Terms of Use.
  • You have the right to provide to us the information and other materials that you provide to us.
  • You will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name or likeness.
  • You are at least 18 years of age or the legal age of majority where you reside.
  • You have all requisite rights and authority to use the Website and to create an account and to enter into these Terms of Use.
  • You agree to notify us immediately of any change in the above information. You also agree that all information you provide to register with this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Faraday reserves the right to refuse or reject any request to create an account for any or no reason at Faraday’s sole discretion. In addition, we have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You are solely responsible for your account, your contact information and other information made available through your account or otherwise via the Website. You will use reasonable care to protect the confidentiality of your log-in information for your account, and will not share it with any other person. You will be entirely responsible for the conduct of any person using the Website or accessing your account through use of your log-in information.


Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable law or regulation, or that is threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Faraday deems in its sole discretion to be inappropriate.
  • In any manner that violates or infringes the rights of anyone else.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
  • To delete, damage or alter any content provided by Faraday, or remove or modify any copyright, trademark or other proprietary rights notices from copies of materials form the Website.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us, our service providers or users of the Website or expose them to liability.
  • Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including searching, monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Reverse engineer, decompile, or disassemble, or otherwise tamper with the Website software or content to, among other things, create derivative works.
  • Introduce or activate any viruses, trojan horses, worms, logic bombs or other material that is malicious, disruptive, damaging or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website or otherwise violate these Terms of Use or any other guidelines or policies provided by Faraday.


Ownership of Intellectual Property

Faraday and its affiliates and licensors (and each of their respective successors and assigns) own the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the Website (including text, graphics, logos, images, audio or visual clips, downloads and software, and the compilations of content, and all other elements and components of the Website), but excluding such Website content that may be provided by a third party (the “Intellectual Property”). This Intellectual Property is protected by copyright and other laws. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without Faraday’s prior written consent except to use the Website for its intended purposes. Faraday retains all rights that are not otherwise expressly granted in these Terms of Use.


Copyright Complaints  

Faraday respects the intellectual property of others. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to copyright@ff.com or to the mailing address listed below. The written notice must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • If you fail to comply with all of the requirements above mentioned, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).


Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.


Third Party Content

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Any links, content, or software provided by third parties or users or links to third party sites are provided for convenience only, including any links, content, or software contained in any advertisements and sponsored links. We have no control over the contents of any third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Faraday does not verify, make any representations or take responsibility for such third-party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed or any other activities conducted on or through such third-party sites. If you decide to access any of the third party websites linked from the Website, you do so entirely at your own risk and subject to the separate terms of use and privacy policies for such websites. We reserve the right to remove any content, links, resources, or software provided on the Website at any time and for any reasons.


We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals or the content of their Websites. Faraday does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties unless otherwise mandatorily required by applicable laws. 


Children

This Website is not directed to children under the age of 13. We do not seek to, nor do we knowingly collect, information from children. If a child has provided us with personal information, a parent or guardian of that child may contact us to have the information deleted from our records. To do so, contact Faraday through the information provided below.


Changes to the Website

We reserve the right to withdraw or change this Website and any services or materials provided or accessible via the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. The Website's content is not necessarily complete or up-to-date. Notwithstanding anything to the contrary, any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


Linking to the Website and Social Media Features

You may link to our homepage, 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.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Retransmit content of the Website or make it available via frames or in-line links.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use or that may otherwise be provided by us from time to time.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.


Submission of Feedback

If you submit a comment, suggestion or any other material (“Feedback”) to Faraday related to the Website (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Faraday, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant to Faraday a non-exclusive right to use, display, reproduce, modify and distribute the Feedback in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, Faraday will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner that Faraday may determine. By submitting Feedback, you represent and warrant to Faraday that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. 


Disclaimer of Warranties and Limitation of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FARADAY NOR ANY PERSON ASSOCIATED WITH FARADAY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT OR ANY SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FARADAY NOR ANYONE ASSOCIATED WITH FARADAY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT OR FROM IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTY OR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify and hold harmless Faraday, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.


Suspension and Termination

Faraday may suspend or terminate your access to all or any part of the Website at any time and for any or no reason, including for violation of these Terms of Use. In the event of termination, you are no longer authorized to use or access the Website, and you shall have no recourse and Faraday shall have no liability as a result of any such termination. All provisions of these Terms of Use relating to warranties, indemnities, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such termination.


Governing Law and Jurisdiction

By using the Website, you understand that all matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), is governed by the laws of the State of California, U.S.A. and applicable United States federal law, including the Federal Arbitration Act, without regard to its conflict of laws provisions. The state courts of California and federal courts sitting in the Southern District of California have exclusive jurisdiction to determine any dispute arising under or relating to these Terms of Use.


Dispute Resolution; Time Limits for Pursuing Claims

If you are dissatisfied in any way relating to Faraday or the Website, you agree to contact us at info@ff.com to discuss any dispute informally for thirty (30) days. If informal discussions fail to resolve the dispute within thirty (30) days after the first contact, the dispute may be resolved by binding arbitration, which replaces the right to go to court. WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE FINAL AND BINDING ARBITRATION, NOT LAWSUITS (except for small claims court cases to the extent your claims qualify) TO RESOLVE ANY dispute, claim or controversy relating in any way to your use of the WEBSITE, or otherwise arising out of or relating to THESE TERMS OF USE OR THE PRIVACY POLICY (each, a “DISPUTE”). For purposes of clarity, this arbitration agreement does not apply to any Dispute arising out of the vehicle or your reservation for or purchase of a vehicle that is unrelated to this Website, these Terms of Use, or the Privacy Policy. 


The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules, and, if applicable, the AAA’s Consumer Arbitration Rules. Unless you and we agree otherwise, the arbitration will take place in Los Angeles, California.


You agree that any dispute resolution proceedings will be conducted only on an individual basis and you expressly waive the right to request or maintain any class-wide, representative or consolidated actions, even if AAA procedures or rules would permit them. We each agree that the parties are waiving the right to a trial by jury, and if for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial. Notwithstanding the foregoing, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of Intellectual Property rights. To the extent permissible under applicable law and the relevant AAA rules, you and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. 


If and to the extent a lawsuit or court proceeding is permitted under these Terms of Use, then you hereby consent and agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in Los Angeles, California. 


You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website, these Terms of Use, or the Privacy Policy must be brought either in arbitration or in court in accordance with this Section within one (1) year after such claim or cause of action arose or be forever barred.


Waiver and Severability  

No waiver of by Faraday of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Faraday to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Faraday with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. If you reserve or purchase a vehicle or conduct other transactions with us, additional agreements may apply.


Contact Information

We welcome your comments or questions about these Terms of Use at info@ff.com. You may also contact us at our address:


Faraday&Future Inc.
18455 S. Figueroa Street
Gardena, California 90248
Attention: Privacy Group