PRODUCT TEST DISCLAIMER AND RELEASE OF LIABILITY AGREEMENT
IMPORTANT NOTICE TO USER:
Please read this Product Test Disclaimer and Release of Liability Agreement ("Agreement") carefully before checking the box. By checking the box indicating your acceptance, or by participating in the product testing/demonstration, you ("User") agree to be legally bound by all the terms and conditions set forth herein with the provider of the product ("Company"). If you do not agree to these terms, you are not authorized to participate in the product test or operate the product.
Each of the Company and the User is referred to herein individually as a "Party", and collectively as the "Parties".
1. Eligibility And Capacity
The User acknowledges and agrees that he/she is solely responsible for the safe operation of the [ Strutt ev¹ ] provided by Company (the "Product") and for maintaining constant vigilance and control over the Product's speed, direction, and operation during the entire test drive process. The User is and shall remain the sole and exclusive operator of the Product during the demonstration. The User explicitly represents and warrants that:
- (a) The User is at least 18 years of age or the age of full civil liability required by the local jurisdiction, whichever is higher. If the User is a minor, lacks full legal capacity, or is a person with limited legal capacity, the consent of a parent or legal guardian is required, and such parent or legal guardian must accompany the User at all times and provide continuous supervision and guardianship throughout the entire test; and
- (b)The User is legally competent, is in full possession of his/her mental faculties and physically capable of entering into this Agreement and operating the Product safely; and
- (c) The User is not under the influence of alcohol, drugs, medication, or any other substance that may impair their ability to operate the Product; and
- (d) The User shall strictly follow all operational guidelines, instructions, and applicable California and local traffic laws and regulations; and
- (e) The User possesses all necessary skills and experience to operate the Product safely.
2. Acknowledgment Of Risks
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
- (a)Any intelligent driving, driver assistance, or automated features installed in the Product (collectively, "Intelligent Driving Features") are provided only as driver-assist tools and are not a substitute for human driving or judgment.
- The User understand and agree that the Intelligent Driving Features operate within specific technical and environmental limits and cannot handle all complex or unexpected situations, including but not limited to extreme weather, unusual traffic conditions, road construction, system failures, irregular obstacles, sudden intrusion of passers-by, or sensor limitations, etc;
- The User shall not treat the Intelligent Driving Features as a fully autonomous driving system. The Smart Assist Features do not relieve the User of the obligation to continuously monitor the Product's surroundings and operation. The User must maintain continuous attention to the Product and surroundings at all times, keep his/her hands on the joystick at all times, and be ready to take control plus immediately take over driving when necessary;
- The User shall bear full liability for all accidents, personal injury or property damage caused by the User's failure to take over in a timely manner, distraction, improper operation or over-reliance on the assisted function, and the Company shall not assume any compensation obligation in this regard.
- (b) The User shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to the California Product Code and any applicable laws. The User assumes full responsibility for any legal consequences arising from the User's failure to comply with applicable law.
- (c) The User is strictly forbidden to extend hands, arms, legs, feet or any part of the body out of the handrail of the Product during driving. When the Product passes through narrow spaces or avoids obstacles, it may approach walls, vehicles or other objects, and extending limbs may easily lead to serious pinching or collision accidents.
- (d) The User agrees to continuously accept relevant technical changes and potential risks in the future. The User shall bear sole liability for any safety accidents caused by the User's refusal to install all updates.
3. Privacy And Third-Party Voice Features
(a) Privacy Notice. The User acknowledges receipt of and agrees to the terms of the Company's Privacy Policy, which discloses the categories of personal information collected, the purposes for such collection, and the categories of third parties with whom such information may be shared, in compliance with the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable laws.
(b) Third-Party Voice Features. The User acknowledges that certain voice recognition and voice assistant functionalities in the Product (the "Voice Features") are provided by third-party service providers. The User is strongly cautioned not to disclose any sensitive personal information, financial information, passwords, health information, or other confidential data while using the Voice Features. Such information may be transmitted to, stored by, or otherwise accessible to third-party providers.
4. Release And Waiver Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER HEREBY:
RELEASES, ACQUITS, AND FOREVER DISCHARGES COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR IN ANY WAY RELATING TO THE USER'S PARTICIPATION IN THE DEMONSTRATION, USE OF THE PRODUCT, OR RELIANCE ON THE SMART ASSIST FEATURES OR VOICE FEATURES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE. EXCEPT FOR:
- RIGHTS OR REMEDIES THAT CANNOT LEGALLY BE WAIVED OR RELEASED IN ADVANCE; AND
- DAMAGES DIRECTLY CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL UNLAWFUL ACTS OF ANY RELEASED PARTY, TO THE EXTENT LIABILITY IS REQUIRED BY APPLICABLE LAW.
5. Indemnification
THE USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH:
- (a) THE USER'S BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION UNDER THIS AGREEMENT;
- (b) THE USER'S NEGLIGENT, RECKLESS, OR WRONGFUL ACTS OR OMISSIONS DURING THE DEMONSTRATION;
- (c) THE USER'S VIOLATION OF ANY APPLICABLE LAW OR REGULATION; OR
- (d) ANY DAMAGE TO THE PRODUCT OR THIRD-PARTY PROPERTY CAUSED BY THE USER DURING THE DEMONSTRATION.
6. Limitation Of Liability
(a) Scope. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY TO THE USER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE DEMONSTRATION, OR THE PRODUCT (INCLUDING THE SMART ASSIST FEATURES AND VOICE FEATURES) SHALL NOT EXCEED THE APPLICABLE LIABILITY CAP SET FORTH BELOW.
(b) Total Liability Cap. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE PRODUCT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO US$3,500; PROVIDED, HOWEVER, THAT IF THE USER PAID NO MONETARY CONSIDERATION FOR THE PRODUCT, THE COMPANY'S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO US$100. THIS CONSTITUTES USER'S SOLE AND EXCLUSIVE REMEDY.
(c) Exclusion of Damages. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:
- LOSS OF PROFITS, REVENUE, DATA, OR USE;
- BUSINESS INTERRUPTION;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
- ANY PERSONAL INJURY OR PROPERTY DAMAGE;
ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, MISUSE, OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) Exceptions. Nothing in this Section excludes or limits any liability that cannot be excluded or limited under applicable law, including any liability for death or personal injury to the extent such limitation is prohibited by law.
7. Assumption Of Risk Of Bodily Injury
THE USER EXPRESSLY ASSUMES ALL RISKS OF BODILY INJURY (INCLUDING BUT NOT LIMITED FORWARD LEAN, BACKWARD LEAN, ROLL OVER, SOFT TISSUE CONTUSIONS, ABRASIONS AND DEATH) ARISING FROM THE DEMONSTRATION. The User acknowledges that operating the Product involves inherent dangers and that the User voluntarily chooses to participate despite such risks.
8. Safety Acknowledgment
The User certifies that he/she has received and reviewed all safety instructions or user manual provided by the Company, has had the opportunity to inspect the Product prior to operation, and confirms that the Product is in good working order and condition. The User agrees to perform a basic safety check (brakes, tires, handlebars, lights, and battery) before commencing operation.
9. Governing Law And Jurisdiction
The Parties shall first seek to resolve any dispute through good faith negotiations. Any dispute not resolved through negotiation, including any question regarding this Agreement's existence, validity or termination, shall be referred to and finally resolved by arbitration administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS") in accordance with its comprehensive Arbitration Rules and Procedures then in effect.
The arbitration shall be conducted in Los Angeles, California. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral.
11. Severability
If any provision of this Agreement is held invalid, such provision shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect.
12. Acknowledgment Of Understanding
THE USER ACKNOWLEDGES AND AGREES THAT:
The User has read and fully understands all terms of this Agreement and undertake to bear full liability as the primary driver;
The User has been given a reasonable opportunity to review this Agreement;
The User is signing this Agreement freely, knowingly, and voluntarily;
The User is not relying on any statement, representation, or inducement not expressly set forth in this Agreement; and
The User understands that this Agreement affects important legal rights.
Checking the box constitutes a legal and binding electronic signature, equivalent to a handwritten signature under applicable law (including the U.S. Electronic Signatures in Global and National Commerce Act and the California Uniform Electronic Transactions Act).