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Website and Application Terms of Use

NOTICE TO USER—PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This website and any application we associate with these Terms (together the “Site“) are provided by Zed Motors Inc. operating as Zed Motors (“Zed Motors“). Zed Motors provides business services to approved members of the gig economy (together with the Site, the “Services”). The Site may provide information about our Products or Services, allow you to submit an application for Services, and allow you to access certain information related to your use of our Services subject to these terms and conditions of use as amended from time to time (the “Terms“).

By using the Services, you are signifying that you have read, fully understand and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations as they may change from time to time.

To use the Services, such as Credit Moto, you must be able to form legally binding contracts, and may be required to agree to additional terms or agreements that apply to the particular Services you request. In the event of any conflict between these Terms, and the terms or agreement that governs a particular Service, such as a business cash advance contract, the provisions of such terms or agreement that apply to the particular Service will govern to the extent of the conflict.

IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS YOU MUST REFRAIN FROM USING THIS SITE AND THE SERVICES.

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.

1. REGISTRATION AND ACCOUNT SECURITY

Certain features and/or portions of the Services may be password-protected and may require you to complete a registration process and create an account (“Account”) in order to obtain access. When registering to use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. If you do not provide or update such information, or if we suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Account, username and/or password and prevent you from using the applicable Services, or any features or portions of the Services.

You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other Account identifiers that you choose or that are assigned to you; and (c) all activities that occur under such password(s) or Account(s). It is your responsibility to keep your username and any password confidential and secure.  In the event that your Account, username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information specified below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us.

You are solely responsible for any and all activities which occur under your user Account.

2. INTELLECTUAL PROPERTY RIGHTS

ZED MOTORS GRANTS YOU A LIMITED LICENSE TO MAKE PERSONAL USE ONLY OF THE SITE. Zed Motors owns or licenses the rights in and to the Site, all underlying software, HTML and other source code, the Site templates, introductory pages, covers and dividers including, but not limited to all copyrights, trademarks, trade secrets, patents and all other intellectual property rights thereto. Except as otherwise specifically provided in these Terms, you may not download or save a copy of the Site or any portion thereof for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed. Zed Motors reserves all other rights not expressly granted herein.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Zed Motors or other third party individuals or entities. Trade-marks may be unregistered or registered in the United States and in other countries, as applicable. All Trade-marks not owned by Zed Motors are the property of their respective owners, and, where used by Zed Motors are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Site or any component of the Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Zed Motors’ ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.

3. USER CONDUCT

Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created. The Site and the ability to contribute material (a “Contribution“) on this Site are provided to you solely for your information and enjoyment.

When you make a Contribution or otherwise use the Services, you agree not to use the Site or Services to upload, post, copy, reproduce, distribute or otherwise transmit any online information, including but not limited to any Contribution including, text, images, photos, logos or trademarks (the “Content“) in any way or to submit any material that:

  1. may, in the sole and absolute discretion of Zed Motors, degrade, tarnish or deprecate Zed Motors and/or the public image or standing in the community of Zed Motors, provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with Zed Motors or its Services in a manner prohibited under applicable law;

  2. is deemed, in the sole and absolute discretion of Zed Motors, to be defamatory, trade libelous, pornographic or obscene;

  3. is deemed, in the sole and absolute discretion of Zed Motors, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; commercial messages, comparisons or solicitations for products or services other than products of Zed Motors; any identifiable third party products, trade-marks, brands and/or logos, other than those of Zed Motors; conduct or other activities in violation of these Terms; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Zed Motors in its sole and absolute discretion;

  4. contains any personal information, reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);

  5. is in any way disparaging, or might be seen to be disparaging, to Zed Motors or any third party;

  6. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;

  7. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  8. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials; or

  9. that will intentionally or unintentionally violate any applicable local, provincial/territorial, national or international law.

 

You acknowledge and agree that the Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content and that you may not rely on any such Content. You must abide by all additional copyright notices or other restrictions contained on the Site. If you should violate any of the Terms of this Agreement, your right to use this Site may be discontinued without notice to you.

You agree that you shall not use the Site to:

  1. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;

  2. use, copy, modify, download or transfer the Site or any component of the Site (including, without limitation, the Content), in whole or in part, except as expressly provided in these Terms;

  3. reverse engineer, disassemble, decompile, or translate the Site or any component of the Site; (ii) attempt to derive the source code of the Site or any component of the Site; (iii) create any derivative work from the Site or any component of the Site; and/or (iv) authorize or assist any third party to do any of the foregoing;

  4. rent, lease, loan, resell, or otherwise distribute the Site or any component of the Site;

  5. remove or alter any proprietary notice or legend regarding Zed Motors’, or any third party’s, proprietary rights in the Site or any component of the Site;

  6. remove, circumvent or disable any rights management or protection tools we use on the Site or in respect of any Content;

  7. use the Site or any component of the Site except in accordance with these Terms and all applicable laws and regulations;

  8. collect information about others without their consent; and/or

  9. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

 

Further, you agree that you shall not engage in prohibited or unauthorized use of the Site, or of Zed Motors systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site.

4. UNSOLICITED MATERIALS

In operating the Site, Zed Motors does not solicit nor does it wish to receive any confidential, secret or proprietary information. Except as described in our Privacy policy or as required by applicable law, any information or material submitted or sent to Zed Motors will be deemed not to be confidential or secret. By submitting or sending a Contribution, Content or other material to Zed Motors you represent and warrant that it is original and that no other party has any rights to it. You are solely responsible for any Contribution or Content that you post on the Site.

5. YOU GRANT ZED MOTORS AND OTHER USERS A LIMITED LICENSE TO YOUR CONTENT

By communicating with Zed Motors, including submitting or sending a Contribution, Content, or other information, you grant to Zed Motors the world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate, create compilations and derivative works from to reproduce and otherwise use such Contribution or Content for any or all commercial or other purposes as further determined by Zed Motors. You hereby waive all moral rights in and to all Contributions or Content that you post on, upload or otherwise submit to or through, the Site in favour of Zed Motors.

6. USER WAIVERS AND REPRESENTATIONS

By using the Site and providing Content, you hereby acknowledge, agree, warrant and represent to Zed Motors that any and all Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:

  1. is original to you and that you have obtained all necessary rights in and to the Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and

  2. does not violate any law; and

  3. complies with these Terms.

 

Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to Zed Motors that:

  1. you shall be responsible for all acts or transactions that occur under your Account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all Content you upload, post or otherwise transmit to or through the Site;

  2. we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any Content; and

  3. we do not generally screen or edit Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any Content (or any portion of any Content) on the Site.

 

7. LINKED SITES AND ELECTRONIC TRANSMISSIONS

You may be able to link to third parties’ web sites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Zed Motors and Zed Motors is not responsible for the content or any other materials of such Linked Sites or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of service and any other obligation of the Linked Site. Prior permission must be granted by us for any type of link to the Site.

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees (defined below) do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Services, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). Subject to applicable law and our Privacy Policy, in no event will the information you provide on or through the Services, other than personal information, be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

8. ERRORS

Without limiting any other provision(s) of these Terms, you acknowledge and agree that Zed Motors has no obligation whatsoever under these Terms or otherwise to correct any defects or errors in the Site or Services, or any component of the Services, regardless of whether you inform Zed Motors of such defects or errors or Zed Motors otherwise is, or becomes aware of, such defects or errors.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE SERVICES, AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE, AND/OR THE CONTENT ON THE SITE, WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF ZED MOTORS. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT ZED MOTORS HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ZED MOTORS YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL ZED MOTORS, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS, INABILITY TO ACCESS OR USE OF THE SITE OR FOR ANY INJURY TO YOUR COMPUTER OR DEVICE, INCLUSIVE OF VIRUSES, OR FOR ANY OMISSIONS, INACCURACIES, DELETIONS OR ALTERATIONS ON THE SITE OR OF CONTENT, ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION OF CONTENT, DEFECT, THEFT, DESTRUCTION OR OUT OF INFECTION BY VIRUSES OR ANY OTHER DESTRUCTIVE PROPERTIES OR INTERRUPTIONS OR ERRORS ON THE SITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to defend, indemnify and hold Zed Motors, its officers, directors, agents and employees (the “Releasees”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms. Zed Motors reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Zed Motors in asserting any available defense.

12. CHILDREN

Our Site and Services are not intended for persons under the age of majority where they reside.

13. NOTICE OF INFRINGING CONTRIBUTIONS OR CONTENT

While we are under no legal obligation to actively screen or edit user Contributions or Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any user Contributions or Content, or to request a user to modify or edit his or her user Contributions or Content, if a complaint or notice of allegedly infringing materials is received with respect to the user Contributions or Content, or for any other reason in our discretion.

If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, or any other intellectual property law, you agree to promptly report any alleged copyright, or trade-mark or other infringements taking place on or through Site by providing a written notice with the following information:

  • Identification of the copyrighted work, or trade-mark or other right that you claim has been infringed;

  • Identification of the allegedly infringing content, and information reasonably sufficient to permit Zed Motors to locate it;

  • A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;

  • A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and

  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

 

To complain about user Contributions or Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at: team@zed-motors.com  

14. ACCURACY AND CHANGES

Changes may be made at any time to the information at this Site without prior notice. Unfortunately, there may be inadvertent errors on the Site from time to time. Please consult Zed Motors for complete and up-to-date information on products and services.

15. APPLICABLE LAWS / JURISDICTION

For users who are not individuals residing in the United States, you agree that the laws of the United States and the federal laws of the United States applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in the United States in all disputes arising out of your use of the Site, the Services and any claim involving Zed Motors or its employees, contractors, officers, directors, telecommunication providers and content providers.

For users who are individuals residing in the the state of California, you agree that the laws of California and the federal laws of the United States applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the United Statesin all disputes arising out of your use of the Site, the Services and any claim involving Zed Motors or its employees, contractors, officers, directors, telecommunication providers and content providers.

Zed Motors makes no representation that the material available on the Site is appropriate or available for use in other jurisdictions.

16. PRIVACY

Without limiting the generality of these Terms, your use of the Site and Services is also subject to the terms of our Privacy Policy.  Please carefully review our Privacy Policy.  By using the Site, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

17. AMENDMENTS TO THESE TERMS

Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms were last revised. In addition, if you have registered for an Account, where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. As required by law, or at our discretion, the notice will set out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of these Terms, as revised.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site or Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

18. TERMINATION OF THESE TERMS, THE SITE, OR THE SERVICES

If you breach any provision of these Terms you may no longer use the Site or Services. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site and/or Services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and/or Services and anything relating to or arising from such use. If you are dissatisfied with the Site or Services or with these Terms or our Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site and Services. The licences you grant to us and our users, as well as the Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in these Terms shall survive any termination of this agreement.

19. ELECTRONIC COMMUNICATIONS

As permitted by applicable law, when you communicate with us or enter these Terms electronically, such as online or via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed or in writing.

20. BRAND GUIDELINES

By using any of Zed Motors’ trademarks, logos, designs or assets, you accept and agree to comply with the terms set forth in these Brand Guidelines, in the applicable Zed Motors Terms & Conditions which are incorporated in other Zed Motorspolicies or as expressly permitted by Zed Motors. You further acknowledge that Zed Motors  may take action against unauthorized or infringing use or use that does not conform to these Brand Guidelines.

Zed Motors is the sole owner of the Zed Motors trademarks, and you will not challenge or interfere with Zed Motors’ rights in any of them, including challenging Zed Motors’ use and registration of its Zed Motors trademarks.

When you use the Zed Motors trademarks, you must clearly identify that they are trademarks of Zed Motors.

You will not use the Zed Motors trademarks in a manner that implies that Zed Motors has sponsored or endorsed the use without the express written permission or license from Zed Motors.

You will not use or apply to register any of the Zed Motors trademarks in part or in whole, or anything confusingly similar to the Zed Motors trademarks, as a trademark, service mark, company name, trade name, domain name, or social media handle, profile, wallpaper, etc.

You will not harm, misuse, disparage, or dilute the Zed Motors trademarks or tarnish Zed Motors’ goodwill in them. Examples of misuse include: altering authorized color schemes and/or fonts, rescaling, obscuring, animating or otherwise distorting or mutilating the trademarks or logos.

All goodwill associated with your use of the Zed Motors trademarks will inure exclusively to Zed Motors.

Zed Motors may modify these Brand Guidelines or revoke permission to use the Zed Motors trademarks at any time.

Except for the limited right to use the Uber trademarks for the specified purposes under these Brand Guidelines, no other rights are granted, by implication or otherwise. Zed Motors provides these Brand Guidelines “as is” and disclaims any warranties either expressed or implied by law regarding Zed Motors’ trademarks, including warranties of non-infringement. These Brand Guidelines shall be governed by United States laws, without regard to conflict of law principles, and the venue for any dispute or claim arising out of or in connection with these terms shall be in the United States.

21. ANDROID OR APPLE DEVICES

The following terms apply when you use a mobile application obtained from Google Play or the Apple App Store (an “App Distributor”): (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Android or Apple operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Zed Motors is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

22. PROVISIONS UNENFORCEABLE OR INVALID

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

23. ASSIGNMENT

You shall not transfer or assign any of your rights or obligations under this agreement. Zed Motors may transfer, assign or sublicense any of its rights and obligations under this agreement to a third party. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.

24. CONTACT US

If you have any questions about these Terms or our Site or Services in general, please contact us at:

team@zed-motors.com

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