TERMS OF USE

Aptera.com Terms of Use for the Website

Acceptance of Terms. This website, at www.Aptera.com (the "Site"), is provided by Aptera Motors, Inc. ("Aptera" or "We") subject to your acceptance of the following Terms of Service ("TOS") as updated by Aptera from time to time. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

Use of Site.

1. You may view and download the materials at this Site only for your personal, non-commercial use. You may not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the materials on this Site, or otherwise use them for any public or commercial purpose.
2. You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Aptera or spoof Aptera's identity or misrepresent any affiliate with Aptera; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; or (iv) disrupt the normal flow or otherwise act in a manner that negatively affects other users' ability to use the Site. Aptera reserves the right to report any wrongdoing to the applicable government agencies.
3. You agree you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or its content without the prior, written permission of Aptera.
   

Trademarks, Copyright and Other Intellectual Property Provisions.

1. The copyright in all materials provided on this Site is held by Aptera or its suppliers. You must retain all copyright and other proprietary notices contained in the materials on any copies made. Unauthorized use of any of the materials on this Site may violate copyright, trademark and other laws.
2. "Aptera Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Aptera uses in connection with its products and services. You agree not to incorporate any Aptera Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without the prior, written permission of Aptera.
3. Unless explicitly stated herein, nothing in this TOS shall be construed as conferring to you any license to any Aptera or third party intellectual property rights, whether by estoppel, implication, or otherwise.
   

No Endorsement of Content.
Aptera makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site. In addition, links on this Site to third-party websites are provided solely as a convenience. Aptera has not reviewed all of these third-party sites and is not responsible for any of these sites or their content. Aptera does not endorse, or make any representations about the information, software or other products or materials found on third party sites. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

Postings.
In addition, if the Site provides areas where users can post communications, Aptera may but is not obligated to monitor or review the content on the Site where users post information. Aptera shall have the right to remove any communications from others on the Site, it its sole discretion, including materials that Aptera deems to be abusive, defamatory, obscene or otherwise unacceptable. Aptera shall have no liability related to the content in any communications by others, whether arising under the laws of copyright, libel, privacy, obscenity or otherwise

Disclaimer of Warranties.
Aptera PROVIDES THIS WEB SITE, AND ALL CONTENT AND MATERIALS ON THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. Aptera's OBLIGATIONS with RESpect to its products and services are governed solely by AN agreement under which the PRODUCTS AND SERVICES are provided. Nothing on this Site should be construed to CREATE OR MODIFY ANY such agreements. Aptera MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitations of Liability.
IN NO EVENT WHATSOEVER SHALL Aptera, ITS PARENT COMPANIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW), REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. APTERA ASSUMES NO LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Aptera Privacy Policy.
Registration information and other personal identifiable information about you that may be collected during your use of the Site is subject to the Aptera Privacy Policy, which is incorporated herein by this reference, and can be found at http://www.Aptera.com/privacy.php.

Submissions.
Any material, information or idea you transmit to Aptera or post on this Site will be treated as non-confidential and non-proprietary. Aptera will have no obligations with respect to such submissions and Aptera will be free to copy, disclose, distribute, incorporate and otherwise use any such submission for any and all commercial or non-commercial purposes.

Choice of Law; Jurisdiction.
Aptera administers this Site from its offices in Carlsbad, California. Aptera makes no representation that materials or services at this Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you are responsible for compliance with all applicable local laws. This TOS shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of the Site shall be in San Diego County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation.

Miscellaneous.
In the event that one or more portions of this TOS shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this TOS. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. Aptera may revise this TOS at any time by updating this posting. You should visit this page from time to time to review the then-current TOS because it will be binding on you.

January 2008