Terms of Use

1. Acceptance of these Terms

These Terms of Use (“Terms”) are a binding agreement between you and Roadster (“we,” “us”) governing your use of roadster-preorder.us and related services (the “Site”). By using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

Please read Section 14 carefully. It requires most disputes to be resolved by binding individual arbitration and waives class actions and jury trials, unless you opt out within 30 days.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Site and to request a reservation. The Site is intended for use by residents of the United States.

3. No offer to sell; reservations

Content on the Site is for general information. Nothing on the Site is an offer to sell a vehicle, and no vehicle is sold through the Site. Vehicle reservations and deposits are governed by our separate Reservation Terms, which prevail over these Terms for reservation matters. Any purchase will be subject to a separate written purchase agreement and applicable state law.

4. Product information

Vehicle illustrations on the Site are artistic renderings. Specifications, performance figures, range estimates, features, colors, options, prices and timelines are preliminary targets for pre-production vehicles and may change at any time without notice. Range estimates have not been certified by the U.S. Environmental Protection Agency. Performance figures are achieved under controlled conditions; always obey traffic laws.

5. Intellectual property

The Site and its content — including text, graphics, illustrations, logos, the “Roadster” name as used on this Site, software and page design — are owned by or licensed to us and protected by U.S. and international intellectual property laws. Except as permitted in Section 6, you may not copy, modify, distribute, sell or create derivative works from any part of the Site without our prior written permission.

6. License and acceptable use

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. You agree not to:

• submit false information, reserve on behalf of another person without authorization, or impersonate anyone;
• use bots, scripts or automated means to submit reservation requests, scrape the Site or gain a queue advantage;
• interfere with, probe or attempt to bypass security features of the Site;
• upload malware or content that is unlawful, infringing, defamatory or harmful;
• use the Site in violation of any law.

We may suspend access or cancel reservation requests that violate these Terms.

7. Feedback

If you send us ideas or suggestions about our products or services, you grant us a perpetual, worldwide, royalty-free license to use them without obligation to you.

8. Third-party services and links

The Site may contain links to or integrations with third-party services, such as payment processors. We do not control and are not responsible for third-party services, and your use of them is subject to their terms.

9. Copyright complaints

If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent at [email protected]. Your notice must include the information required by 17 U.S.C. § 512(c)(3).

10. Disclaimer of warranties

The Site and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error-free, or that information on the Site is accurate, complete or current.

Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

11. Limitation of liability

To the fullest extent permitted by law, Roadster and its affiliates, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data or goodwill, arising out of or related to your use of the Site. Our total liability for any claim arising out of or relating to the Site will not exceed one hundred U.S. dollars (US $100).

Liability relating to a reservation deposit is addressed in the Reservation Terms. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnification

You agree to defend, indemnify and hold harmless Roadster and its affiliates from any claims, losses and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Site.

13. Governing law

These Terms are governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the U.S. state in which you reside, without regard to conflict-of-law rules. Subject to Section 14, any dispute not subject to arbitration may be brought in the state or federal courts located in the county where you reside.

14. Dispute resolution and arbitration

Informal resolution first. Before filing a claim, you and we agree to try to resolve the dispute informally by sending a written notice describing it to the other party (ours: [email protected]). If it isn't resolved within 60 days, either party may start arbitration.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in the county where you live or by video conference. We will pay filing, administration and arbitrator fees as required by those rules.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual-property infringement or misuse.

Class action and jury waiver. You and we each agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding, and each waives the right to a jury trial.

30-day opt-out. You may opt out of this arbitration agreement by emailing [email protected] with your name and the statement “I opt out of arbitration” within 30 days after you first accept these Terms.

15. Changes and termination

We may change these Terms by posting an updated version with a new “Last updated” date. Material changes will not apply retroactively. We may suspend or discontinue the Site at any time. Sections that by their nature should survive termination will survive.

16. General

These Terms, together with the Privacy Policy and Reservation Terms, are the entire agreement between you and us about the Site. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a business transfer.

17. Contact