Terms of Service for Rivian Roamer

Effective Date: 2024/12/28

1. Introduction

Welcome to Rivian Roamer, operated by Velocity Studios, LLC ("we", "us", or "our"). By accessing and using our website (rivianroamer.com), you ("user" or "you") agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use our website.

These Terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

2. Use of the Website

Rivian Roamer provides useful information to Rivian and EV owners. The data on this site is for informational purposes only. Users agree to use the website responsibly and ethically. Specifically, users shall not:

• Misuse the data or use it for abusive purposes.
• Scrape, harvest, or collect data from the site without authorization.
• Access or attempt to access any non-public areas of the website.
• Interfere with or disrupt the integrity or performance of the website.
• Use the website in any manner that violates any applicable local, state, national, or international law or regulation.

3. Age Restriction

You must be at least 13 years old to use this website. By using this website, you represent and warrant that you are at least 13 years of age. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may use the website only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are under 13, you may not use or access the website.

4. User Accounts

While user accounts are not currently required, we may offer this feature in the future. When available, you will be responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. By creating an account, you agree to comply with these Terms and our Privacy Policy.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of Velocity Studios, LLC or its content suppliers and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website and its content for personal, non-commercial use.

By submitting content to our service, you retain ownership of any intellectual property rights that you hold in that content. However, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for the purpose of operating, promoting, and improving our services.

Rivian® is a registered trademark of Rivian Automotive, Inc. Rivian Roamer is not affiliated with, endorsed by, or sponsored by Rivian Automotive, Inc.

If you believe that any content on our website infringes your intellectual property rights, please contact us at admin@rivianroamer.com with detailed information so we can address the issue promptly.

6. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Velocity Studios, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Velocity Studios, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

7. Privacy Policy

Your use of Rivian Roamer is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding your personal data. By using the website, you consent to the collection and use of your information as outlined in the Privacy Policy.

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable. Users have the right to access, correct, or delete their personal data. Data retention periods vary based on the type of information and legal requirements. For full details, see our Privacy Policy.

8. Termination

We reserve the right to terminate or suspend your access to our website, with or without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Where possible, we will provide you with notice of termination or suspension and an opportunity to remedy any breach.

Upon termination, your right to use the website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers and Limitation of Liability

The information on our website is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Velocity Studios, LLC does not guarantee the accuracy, completeness, or usefulness of any information provided.

To the fullest extent permitted by applicable law, in no event shall Velocity Studios, LLC, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the website;
• Any conduct or content of any third party on the website;
• Any content obtained from the website;
• Unauthorized access, use, or alteration of your transmissions or content.

Whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Indemnification

You agree to indemnify, defend, and hold harmless Velocity Studios, LLC, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the website;
• Your violation of any term of these Terms of Service;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
• Any claim that your use of the website has caused damage to a third party.

11. Dispute Resolution

If you are a resident of the United States:

Any dispute arising from these Terms of Service or your use of the website will be governed by the laws of the State of Washington, United States, without regard to its conflict of law provisions.

You agree that any dispute or claim relating in any way to your use of our website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You agree to resolve any dispute on an individual basis and waive any right to participate in a class action or class-wide arbitration.

If you are a resident of Canada or another jurisdiction:

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, or the competent courts of your jurisdiction, where applicable law prohibits the foregoing choice of jurisdiction.

12. Changes to the Terms

Velocity Studios, LLC reserves the right to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. We will notify users of any changes via the releases page on our website and, if you have provided your email and consent, we may also notify you via email. What constitutes a material change will be determined at our sole discretion.

Your continued use of the website following any changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, please stop using the website.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Our website is intended for users located in the United States and Canada. Users accessing the website from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at:

• Email: admin@rivianroamer.com

15. Data Collection and Use

Rivian Roamer collects and uses data to provide and improve our services. This includes information you provide directly, data from linked accounts, and usage data. We use this information to operate and improve our services, personalize your experience, and communicate with you.

By using the website and linking your Rivian account, you consent to the collection and use of your data as outlined in our Privacy Policy. We will only access and use data necessary for providing our services and in compliance with applicable laws.

16. User Conduct

Users of Rivian Roamer agree to use the service responsibly and ethically. Prohibited conduct includes but is not limited to:

• Violating any applicable laws or regulations.
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Interfering with or disrupting the service or servers or networks connected to the service.
• Attempting to gain unauthorized access to any part of the service, other user accounts, or computer systems or networks connected to the service.
• Using the service for any illegal or unauthorized purpose.
• Engaging in any activity that could compromise the security of the service.

Violation of any of these rules may result in the suspension or termination of your access to the website.

17. Intellectual Property Rights of Users

While Rivian Roamer claims no ownership over user-generated content, by submitting content to our service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for the purpose of providing and promoting our services.

You have the right to withdraw this license at any time by deleting your content from the service or requesting its deletion, subject to our data retention policies as outlined in our Privacy Policy. Please note that removal of content does not affect any rights granted to us for prior use.

18. Linking Rivian Accounts

Rivian Roamer offers the ability for users to link their Rivian accounts to our service. By choosing to link your Rivian account, you acknowledge and agree to the following:

• Authorization: You authorize Rivian Roamer to access and interact with your Rivian account on your behalf, only to the extent necessary to provide our services.
• Account Security: You are responsible for maintaining the security of your Rivian account credentials. Velocity Studios, LLC is not responsible for any unauthorized access to your Rivian account resulting from your failure to safeguard your credentials.
• Data Usage: Information obtained from your linked Rivian account will be used in accordance with our Privacy Policy. We will only access and use data necessary for providing our services and will not share your data with third parties without your consent, except as required by law.
• Third-Party Terms: Linking your Rivian account may be subject to Rivian's own terms of service and policies. You are responsible for ensuring that your use of Rivian Roamer does not violate any agreements you have with Rivian. We are not responsible for any consequences resulting from your breach of Rivian's terms.
• Disconnection: You may disconnect your Rivian account from Rivian Roamer at any time through your account settings. Upon disconnection, we will cease accessing new data from your Rivian account, and you may request deletion of previously collected data in accordance with our Privacy Policy.
• Liability: To the fullest extent permitted by law, Velocity Studios, LLC is not responsible for any issues, damages, or losses that may occur to your Rivian account or vehicle as a result of linking your account with our service, except to the extent such damages are a direct result of our gross negligence or willful misconduct.
• Security Measures: We implement reasonable security measures to protect data obtained from linked accounts, including encryption and access controls.
• Updates: The functionality related to linked Rivian accounts may change over time. We will notify users of significant changes to this feature as outlined in our "Changes to the Terms" section.

By linking your Rivian account, you confirm that you have the right to authorize Rivian Roamer to access and use your account information as described in these Terms of Service and our Privacy Policy.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

20. Entire Agreement

These Terms of Service, along with our Privacy Policy, constitute the entire agreement between you and Velocity Studios, LLC regarding the use of Rivian Roamer, superseding any prior agreements between you and Velocity Studios, LLC relating to your use of the website. You acknowledge that you have not relied on any representations or warranties not expressly set forth in these Terms.

21. Accessibility

We are committed to making our website accessible to all users and comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have any difficulties accessing any part of our website, please contact us at admin@rivianroamer.com, and we will work with you to provide the information or service you need.

22. Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not located in a country that is subject to U.S. government sanctions or designated as a "terrorist-supporting" country and that you are not listed on any U.S. government list of prohibited or restricted parties.

23. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

24. Assignment

Velocity Studios, LLC may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

25. Communications and Marketing

By providing your email address, you consent to receive communications from us electronically. You can opt out of receiving promotional communications at any time by following the unsubscribe instructions provided in the email or by contacting us directly.

We comply with the CAN-SPAM Act, GDPR, CCPA, and CASL regarding marketing communications and will not send you marketing emails without your consent where required by law.

26. Cookie Policy

We use cookies and similar technologies to enhance your experience on our website. For detailed information about the use of cookies and how you can control them, please refer to our Cookie Policy or the relevant section in our Privacy Policy.

27. Children's Privacy

Our website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without verification of parental consent, we will delete that information promptly. If you believe we might have any information from or about a child under 13, please contact us at admin@rivianroamer.com.

By using Rivian Roamer, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the website.