Last Updated: Nov. 12, 2024

1. Applicability

These Terms and Conditions (“Company Terms”) apply to rivianvw.tech, which is owned, operated, and maintained by or on behalf of Rivian and VW Group Technology, LLC and its affiliates (collectively, “Company” or “we” or “us”). In the event of a conflict between these Company Terms and any signed contract between you and Company, or its affiliates, the signed contract shall control to the extent of such conflict.

THESE COMPANY TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE COMPANY TERMS CAREFULLY.

2. Class Action Waiver, Choice of Forum and Choice of Law

YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 

Any Dispute(s) shall be litigated exclusively by either party in the United States District Court for the Central District of California. If the United States District Court for the Central District of California lacks subject matter jurisdiction, then any Dispute(s) deemed not subject to arbitration shall be litigated exclusively by either party in the Superior Court of the State of California in the County of Orange.

These Company Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of California, U.S.A., without regard to choice or conflict of law principles of any jurisdiction. This Choice of Law provision applies only to the interpretation of these Company Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law or bring claims in California courts whether that be by statute, common law, or otherwise.

3. Indemnity

You agree to defend, indemnify, and hold harmless Company and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Company arising out of or relating to your use of the Site, your violation of these Company Terms, or your violation of any rights of another.

4. Limitation of Liability

No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE COMPANY TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

5. Severability

If any competent legal authority determines any part of these Company Terms is illegal or unenforceable, then such part will be eliminated and the remainder of these Company Terms will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.

6. Company’s Intellectual Property

Company is the owner or the licensee of the Site, including the source code, all content of the Site, and all the material published on the Site (collectively “Content”). Company owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names. 

You acknowledge and agree that Company’s (i) patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, “Intellectual Property”) are solely Company’s property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property or the Intellectual Property of Company’s licensors or suppliers. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Company or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws, regulations or treaties. The compilation (meaning the collection, arrangement, and assembly) of all Content associated with the Site is the exclusive property of Company and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Site is strictly prohibited.

Subject to your compliance with these Company Terms, Company grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Site solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site, or any other content available via the Site. All rights not expressly granted to you in these Company Terms are reserved and retained by Company.

7. Site Access and User Content

You are prohibited from the following in your use of the Site:

• Using any page-scrape, robot, crawl, index, spider, Internet agent, or other automatic device, program, algorithm or similar methodology to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;

• Distributing viruses or other harmful computer code;

• Using the Site for any purpose in violation of applicable laws;

• Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;

• Circumventing any of the Site’s security controls.

It is not guaranteed that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary “as is” basis. All or any part of the Site, without notice, may be suspended, withdrawn, discontinued, removed or changed. Company will not be liable to you if for any reason the Site (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period.

If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, display, store, publish, sell, and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed. You further agree to waive your right to be identified as the author of User Content. 

You agree that Company (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party, including to protect ourselves and third parties and to comply with legal obligations or governmental requests.

You are prohibited from posting any libelous, obscene, defamatory, offensive, hateful, sexually explicit/pornographic, violent, promoting of discrimination, misrepresentative of actual identity, or other materials that would violate any laws or be deemed inappropriate by Company. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. Company may take any action Company reasonably deems necessary to cure or prevent any violation of these standards, including removal from this Site. In addition, Company will fully cooperate with law enforcement authorities requesting us to disclose the identity of any such individuals.

You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to Company under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of Company’s websites.

8. Third-Party Links

The Site may contain hyperlinks (“links”) to web sites operated by persons or entities other than Company (“third-party Web Sites”) or to co-branded web sites operated by a third party, including affiliates (“co-branded web sites”). We provide such links for your reference and convenience only. A link from Company to a third-party web site does not imply or mean that we endorse the content on that third-party or co-branded web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded web sites to which you might link from the Site. Company IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

9. No Warranties

THE SITE IS PRESENTED “AS IS” AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE SITE OR ANY MATERIALS PUBLISHED ON THE SITE.

Specifically, without limitation, Company does not warrant that you will be able to use the Site or that any portion of this Site will be free of viruses, Trojan horses, or other technical defects.

In addition, it is your responsibility to check that the Site’s content is accurate and/or complete. The Site may be updated from time to time and may change its content at any time. Although Company makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.

10.  Changes to Company Terms

We reserve the right to change these Company Terms. If we make a change, we will make the updated Terms available by posting them on the Site. If we make material changes to these Terms, we may also provide notice by email, direct mail, or via other reasonable methods that we select. You agree that we may provide you with notices, including those regarding changes to these Company Terms, through any of these communication methods.