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PRIVACY & TERMS

GENERAL

Ordering Products

You may place an order for a Volcon vehicle on the Website at any time. Your order represents an offer to Volcon to purchase a vehicle. Your receipt of an electronic or other form of order confirmation from Volcon does not signify Volcon’s final acceptance of your order, nor does it constitute confirmation of Volcon’s offer to sell. It may take up to 48 hours for Volcon to confirm vehicle configuration and customer payment.

Pricing and Shipping

Prices offered on the Website do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping handling and delivery charges and for any fees and taxes, such as sales tax.


Once you place an order, Volcon will send you an email within two business days and provide you with an order confirmation number and your estimated shipping date. At this point you will be required to pay for your order however you may cancel your order at any time up until shipment occurs.  If your shipping date changes, Volcon will send you an update to your shipping date with an option to cancel your order.

Your offer to purchase a vehicle is accepted by Volcon when you receive a shipment confirmation email. By placing an order with Volcon, you consent to receive emails from Volcon regarding your order. You can always contact Volcon at support@volcon.com, if you have any questions concerning your order.


When your order is shipped, Volcon will send you a shipment confirmation email with the shipping carrier tracking number, if available. Please have your order number ready. As the original purchaser, you may return any undamaged Volcon vehicle purchased through the Website at any time up to 14 days from the day on which you received the vehicle and we will refund the purchase price. Volcon will arrange a pick up of your vehicle and will cover all shipping costs to return your vehicle to Volcon. You are required to return the vehicle on the original pallet using the shipping straps that your Volcon was originally shipped with or you will be charged for such supplies.

Operating Your Volcon

You are responsible for registering and operating the Volcon vehicles in accordance with any laws and regulations that apply in the State where you reside. Always wear a helmet, eye protection, over-the-ankle boots, long pants/sleeves and gloves when operating your Volcon vehicle. 


Volcon makes no representations that its vehicles are legal for operation in any particular public lands. Where you can operate Volcon vehicles varies by State and you are urged to check your State's local off-highway vehicle regulations to confirm where you can legally operate your vehicle. Volcon vehicles are designed and built for off-road use only.


WARNING: Riding an electric motorcycle off-road involves the risks and dangers of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by the rider’s own actions or inactions, the actions or inactions of others, participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to you, not readily foreseeable, and you fully accept and assume responsibility for all such risks, losses, costs, and damages incurred as a result of your participation in riding an electric motorcycle.

WARRANTY

Volcon warrants that all vehicles sold by Volcon to you will be free from defects in materials and workmanship. This warranty is valid for one year from the date that the vehicle was shipped by Volcon to you. The Volcon vehicle battery and any additional batteries are warranted for two years from the date the vehicle was shipped by Volcon to you. To the greatest extent permissible by applicable law, there are no other warranties relating to the website or products, whether expressed, implied, statutory or otherwise which extend beyond the above description. Additionally, you acknowledge that Volcon product information does not constitute warranties of performance or quality and that before entering into a contract of sale, you have examined or refused to examine the products described or samples or models of each as fully as desired and that there is no implied warranty with regard to any condition or defect which an examination ought to reveal.


Volcon shall, at its sole discretion, repair, replace or update, free of charge, or refund the purchase price paid for any vehicle which is defective under the terms of the foregoing warranty, provided that you (1) promptly notify Volcon in writing of such defect, and (2) furnish to Volcon satisfactory proof thereof, and (3) establish that the vehicle has been properly stored, assembled, installed, serviced, maintained, operated, and used within the limits of rated capacity and normal usage, and in accordance with current operating and maintenance instructions furnished by Volcon, and (4) establish that the vehicle has not been altered or modified in any manner without Volcon’ prior written consent.


The foregoing obligation to repair, replace, update or refund the purchase price paid for the products shall be the sole and exclusive remedy of the purchaser, its customers and users of the vehicles for the breach of the foregoing warranty. To the greatest extent permissible by applicable law, Volcon hereby expressly disclaims all other express, statutory and implied warranties, including, without limitation, all express, statutory and implied warranties applicable to repaired or replaced products furnished pursuant to the foregoing warranty.   

PRIVACY POLICY

1. A Special Note About Minors.

The Site is a general audience website intended for use by adults.  The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Volcon does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age.  If Volcon obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Volcon remove content or information about you that is posted on the Site.  Please submit any such request (“Request for Removal of Minor Information”) to support@volcon.com, with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

  1. the nature of your request;
  2. the identity of the content or information to be removed;
  3. whether such content or information is found on the Site;
  4. the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);
  5. that the request is related to the “Removal of Minor Information;”
  6. your name, street address, city, state, zip code and email address; and
  7. whether you prefer to receive a response to your request by mail or email.

Volcon is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site.

Also, please note that Volcon is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Volcon to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Volcon anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of Volcon’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Volcon is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

2. Categories of Information Collected.

Volcon may collect personal and non-personal information about you through the Site.  Depending upon your use of the Site, the categories of such information might include:

  • Your name (first, last and/or middle) and unique identifiers (e.g., username);
  • Your login information for the Site (e.g., username, password, security questions and answers);
  • Your contact information (e.g., mailing address, email address, telephone number, facsimile number);
  • Your gender;
  • Your date of birth;
  • Your electronic signature;
  • Your billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
  • Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
  • Information related to your inquires about possible advertising opportunities with Volcon and/or one or more of its parent, subsidiary or affiliated companies (e.g., brands, media, markets);
  • Information related to your inquiries about possible employment with Volcon and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
  • Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
  • Third-party website, network, platform, server and/or application information (e.g., Facebook, Google Plus, Twitter, Instagram);
  • Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site);
  • Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
  • Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site);
  • Information about third parties that you refer to Volcon (e.g., name, email and/or other contact information, relationship);
  • Information set forth in your online account registration, user profile, and/or user directory forms for the Site;
  • Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site or which are accessed via your public or linked social media pages (e.g., Facebook, Google
  • Plus, Twitter, Instagram);
  • Your name associated with your mobile device;
  • Your telephone number associated with your mobile device;
  • Your geolocation; and/or
  • Your mobile device ID information.

3. How Information Is Collected.

Depending upon your use of the Site, Volcon might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Volcon asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends Volcon a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then Volcon may collect any personal or non-personal information provided therein or therewith.

Finally, Volcon might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

  • Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message.  They may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies.  Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website.  Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
  • Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device.  Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  Flash cookies are not managed by the same browser settings that are used for regular cookies.
  • Retargeting pixels, which are cookie-based technologies that might follow you across the web.
  • Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values.  Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses.  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
  • Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens).  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.
  • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user.  Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on.  Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the Site.
  • Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
  • Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.

By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving Volcon permission to monitor or otherwise track your activities on the Site, and that Volcon may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4. Use of Information Collected.

Volcon may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:

  • Fulfill your requests;
  • Process your payments;
  • Place, fulfill, process and/or track your orders and purchases;
  • Facilitate your movement through the Site;
  • Facilitate your use of the Site and/or its respective products and services;
  • Provide customer service;
  • Send you communications like, for example, administrative emails, answers to your questions and updates about the Site;
  • Allow you to communicate with others through the Site like, for example, through online forums, chat rooms, and bulletin boards;
  • Provide you with information about Volcon, its parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
  • Provide you with customized content and services, including advertising and promotional information (e.g., targeted ads, retargeted ads), recommendations for content you might like, and cross-app or cross-site functionality across multiple third-party websites and mobile apps;
  • Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
  • Improve the Site and/or its respective content, features and services;
  • Improve the products, services, marketing and/or promotional efforts of Volcon and/or its parent, subsidiary or affiliated companies;
  • Create new products, services, marketing and/or promotions for Volcon and/or its parent, subsidiary or affiliated companies;
  • Market the businesses, products and/or services of Volcon and/or its parent, subsidiary or affiliated companies;
  • Help personalize user experiences with the Site and/or its respective products and services;
  • Analyze traffic to and through the Site;
  • Analyze user behavior and activity on or through the Site;
  • Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Volcon, its parent, subsidiary or affiliated companies, the Site, and/or their respective products and/or services;
  • Monitor the activities of you and others on or through the Site;
  • With your consent;
  • Create device fingerprints and profiles about the possible relationships among different browsers and devices;
  • Create consumer profiles, which may combine your personal or non-personal information from the Site with your personal or non-personal information from another source or service;
  • Protect or enforce Volcon’s and/or its parent, subsidiary or affiliated companies’ respective rights and properties; and/or
  • Protect or enforce the rights and properties of others (which may include you).

Volcon reserves the right to use your personal and non-personal information when:

  • Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
  • Volcon believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Volcon, a user of the Site which may include you or anyone else who may be harmed by such activities or to further Volcon’s legitimate business interests).

5. Sharing of Information Collected.

Volcon may share your personal information with the following:

  • Volcon’s employees, agents and administrators;
  • Volcon’s accountants, financial advisors and legal advisors;
  • Volcon’s parents, subsidiaries and affiliates;
  • Service providers and other third parties who help Volcon provide, manage, administer, maintain, monitor, distribute, operate or facilitate the Site, who help Volcon develop, market or provide its products and services, or who help further Volcon’s business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers, advertising partners), as needed in order for them to perform such services;
  • Law enforcement or other governmental entities in response to what Volcon believes to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose Volcon to liability if it does not act or comply;
  • Any third parties who Volcon believes are necessary to help or allow Volcon to protect and enforce its rights and properties, including, without limitation, to enforce its rights under Volcon’s Terms and Conditions or any other agreements Volcon has with you, and to protect and enforce its intellectual property rights; and/or
  • Any third parties who Volcon believes are necessary to help or allow Volcon to protect the rights and properties of other (which may include you), assuming that Volcon believes it has an obligation to do so.

Volcon also reserves the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of Volcon or Volcon’s business (whether by sale of assets, merger, stock purchase or otherwise).

Volcon does not limit the ways in which it might use or share non-personal information – and Volcon reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you.  For example, Volcon may freely share non-personal information with its parent, subsidiary and affiliated companies, its vendors, its suppliers, its representatives and other individuals, businesses and government entities.

You may choose to share certain information and/or follow other users on the Site.  You may choose to share your contact information with other users or provide it publicly.

6. Data Retention.

Volcon may retain your personal information and non-personal information for as long as it reasonably necessary for a legitimate business purpose.  Volcon may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and Volcon concerning the same or as required by law.

7. Transactions.

In connection with any transaction that you conduct on, through or in relation to the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. 

By submitting such information, you consent to providing such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction. All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application. This online payment processing application provided by a third-party online payment processing vendor. 

8. Third Parties and Their Applications and Networks.

The Site and/or any communications sent through or as a function of the Site might contain links to third-party websites, networks, platforms, servers and/or applications.  Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site.

In addition, you might have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications.  Volcon might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

Moreover, Volcon might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies). 

You should carefully review the relevant terms of use and privacy policies associated with third party websites, networks, platforms, servers and applications. 

9. Security.

Volcon implements security measures to help protect the personal information it collects through the Site.  For example, Volcon encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.

To help maintain the security of your personal information, Volcon asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).

10. Retention, Review, and Change of Information Collected.

You may request at any time that Volcon provide you with an opportunity to review and change your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services.  Please submit any such request (“Request Concerning Personal Information”) to support@volcon.com, with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

 the nature of your request;
that the request is related to “Your Personal Information;”
your name, street address, city, state, zip code and email address; and
whether you prefer to receive a response to your request by mail or email.
Volcon is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent.  You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

11. California Privacy Rights.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice below.

12. Canada Privacy Rights.

If you are a Canadian Citizen, then, pursuant to Principle 9 of the Model Code for the Protection of Personal Information, you have the right to request the existence, use and disclosure of your personal information and be given access to that information. You are further able to challenge the accuracy and completeness of the information and have it amended as appropriate. Specifically, you are entitled to obtain free of charge, information from us regarding whether or not we have any of your personal information, an account of the use that has been made of that information, and an account of the third parties to which it has been disclosed. Please submit any such request (“Canada Privacy Rights Request”) to any one of the following: By mail: Volcon, Inc., Attn. Canada Privacy Agent, support@volcon.com, with a subject line of “Your Canada Privacy Rights”. By email: support@volcon.com with a subject line of “Your Canada Privacy Rights – Attn. Canada Privacy Agent”.  For each Canada Privacy Rights Request, please state “Your Canada Privacy Rights” in the email or letter subject line, and clearly state the following in the body: (a) the nature of your request; (b) that the request is related to “Your Canada Privacy Rights;” (c) your name, street address, city, state, zip code and email address; and (d) whether you prefer to receive a response to your request by mail or email. If you send a Canada Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. We will not accept a Canada Rights Request via telephone or fax; and are not responsible for a Canada Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent. Finally, as explained further above, we do not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, we are not responsible for, and you hereby release us from, any and all liability which may arise from, such third parties’ unauthorized collection of your personal information. 

13. Users in the EU, EEA, UK, and Switzerland.

Data Controller

Volcon is the data controller of the personal information collected and processed through your use of the Site. 

You may contact us by mail, by email, or by telephone.

By mail:

3267 Bee Caves Road, Suite 107-322
Austin, TX 78746

By email:  support@volcon.com

By telephone: (512) 400-4271

As explained above, we process personal information in various ways depending upon your use of our Site.  We process personal information on the following bases: (1) with your consent; (2) as necessary to perform a contract when you request services; and (3) as necessary for our legitimate interests in providing you with our products and services, enhancing our web services, conducting analytics, and delivering relevant advertising.

Your Rights Regarding Personal Information

  Access and Confirmation.  You have the right to ask us if we process personal information about you, and in some circumstances, to obtain a copy of your personal information. 
  Deletion and Blocking.  Under certain circumstances, you may have the right to have your personal information deleted or blocked without undue delay. 
 Direct Marketing.  You have the right to object to our processing of your personal information for direct marketing purposes.
Consent.  To the extent we are processing personal information on the basis of your consent, you have the right to withdraw consent at any time. 
  Data Portability.  Under certain circumstances, to the extent we are processing your personal information on the basis of consent, or that it is necessary to perform a contract with you, and the processing is carried out by automated means, you have the right to receive the personal information in a structured, commonly used and machine-readable format.
To exercise the rights set forth above in subsections a-e, please contact us at support@volcon.com.
  Right to Lodge a Complaint.  You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority in your country.

Transfers

We are headquartered in the United States of America. Personal information may be accessed by us or transferred to us in the United States. The European Commission has not determined that the United States ensures an adequate level of protection for personal information.  

By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.

14. Online Tracking.

Volcon does not respond to “do not track” (DNT) signals.

15. Modifications of this Privacy Policy.

We regularly review and revise our Privacy Policy. We make changes to the Privacy Policy available on this page and note that the policy has been updated.  If we make material changes to how we treat your personal information, we will notify you by email to the primary email address specified in your account and through a notice on our home page.

16. Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

17. Contact Us.

Please direct any questions you may have about this Privacy Policy to support@volcon.com, with a subject line of “Privacy Policy.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

18. Mergers, Acquisitions, and Other Business Transactions

Volcon may decide to sell, buy, merge or otherwise reorganize its business.  If that occurs, you will be notified by email or a prominent notice on our webpage of any ownership change and any change in the use of your personal information.  These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers.  We seek appropriate protection for personal information in these types of transactions. 

19. Modification Date.

This Privacy Policy was last modified on November 13, 2020.

PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Privacy Statement”) supplements the information contained in the Privacy Policy, which is incorporated by reference as if set forth herein.  This Privacy Statement applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The categories of information set forth in the chart below are those defined in the CCPA.  This does not mean that all examples of that category of personal information were in fact collected, but reflects a good faith belief that to the best of our knowledge that some of that information may have been collected.  In particular, we have collected the following categories of personal information from consumers within the last 12 months:

Examples Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:health or medical information covered by the Health Insurance Portability and
    • Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
      personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the
    • Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our customers.
  • Directly and indirectly from activity on the Site.  For example, from submissions through our website portal or website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, fulfilling one of your orders.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve the Site and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding 12 months, we have not disclosed personal information to a third party for a business purpose:

Category A:            Identifiers.
Category B:            California Customer Records personal information categories.
Category D:            Commercial Information

Category F:             Internet or other similar network activity.

Category G:            Geolocation Data

We may disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding 12 months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at (512) 400-4271.
  • Emailing us at support@volcon.com; or

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (512) 400-4271
Email: support@volcon.com

Postal Address: 3267 Bee Caves Road, Suite 107-322
Austin, TX 78746

TERMS OF SERVICE

These Terms of Service (this “Agreement”) concern the Volcon.com website (together with its pages and features, the “Site”) and all associated services described further below (collectively, the “Services”). This Agreement is made and entered into by and between you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) and Volcon, Inc. (“Volcon”) (with you and Volcon sometimes referred to herein each as a “Party” and together as the “Parties”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND VOLCON THAT APPLIES TO THE SITE AND SERVICE. THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THIS AGREEMENT, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS.

YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS AGREEMENT WHENEVER YOU CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT ON OR THROUGH THE SITE. SIMILARLY, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS AGREEMENT WHENEVER YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR THE SERVICES; AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF ANY OF THE FORGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM VISITING, ACCESSING, REGISTERING WITH, SUBSCRIBING TO OR USING THE SITE OR THE SERVICES.

VOLCON MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME. SUCH MODIFICATIONS WILL BE POSTED ON THIS OR ANOTHER PAGE OF THE SITE, EMAILED TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR USER ACCOUNT (DEFINED BELOW) OR POSTED TO YOUR USER ACCOUNT (DEFINED BELOW), AS APPLICABLE AND AS VOLCON DEEMS APPROPRIATE IN ITS SOLE DISCRETION, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS AGREEMENT AND YOUR USER ACCOUNT (DEFINED BELOW) EACH TIME YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR THE SERVICE.

1. Eligibility.

The Site and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with, subscribing to or using the Site or the Services, you represent and warrant to Volcon that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, subscribing to and using the Site and the Services, and for purchasing and using any products or services on or through the Site, and you may only use them for lawful purposes.

2. Privacy.

  1. Privacy Policy. Volcon respects the privacy of others. Volcon’s policies concerning the collection and use of your personal information in connection with the Site are set forth in Volcon’s Privacy Policy, which you should carefully review each time you visit, access, register with, subscribe to or use the Site or the Services.
  2. Express Consent to Privacy Policy. YOU HEREBY EXPRESSLY CONSENT TO VOLCON AND ITS AFFILIATED COMPANIES COLLECTING AND USING INFORMATION ABOUT YOU (INCLUDING YOUR PERSONAL AND NON-PERSONAL INFORMATION) AS DISCLOSED IN VOLCON’S PRIVACY POLICY.

3. Description of Services.

 The following further describes the Services. Keep in mind, however, that Volcon might only make certain Services available to certain subscribers. Volcon reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as Volcon sees fit in its sole discretion from time-to-time.

Services. The Services include the sale, or reservation of the sale, of vehicle accessories, vehicle upgrades, and electric vehicles that enhance the outdoor experience while reducing the environmental footprint . Volcon reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as Volcon sees fit in its sole discretion from time-to-time.

4. User Account.

  1. Registration. As explained further herein, to secure the right to access and use the registration- or subscription-only pages or features of the Site or the Services, as applicable, you must register with and create a personal user account with Volcon through the Site (“User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as Volcon may require from time-to-time. Unless otherwise permitted by Volcon in writing, you may only have one (1) non-transferable User Account.
  2. User Account Activity and Information. You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use or receive all or any part of the Site or the Services and/or Volcon’s termination of this Agreement. For the sake of security, you must immediately notify Volcon if you suspect that a third party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, Volcon has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors and vendors to access and use, the information in your User Account to facilitate the exercise and performance of Volcon’s rights and obligations under this Agreement, the operation of the Site, the provision and performance of the Services and/or any other rights, obligations, operations and services related to the subject matter of this Agreement (including, without limitation, payments, and communications).
  3. Indemnification. IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS OF SECTION 4(B) ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS, ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS AND ANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT); AND YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS VOLCON AND VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEES, ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.

5. Your Devices.

Certain portions of the Site or the Services may be configured for, and Volcon may offer the Site or the Services through, certain televisions, computers, tablets, smart phones or other electronic devices (“Device(s)”); and this Agreement shall apply with equal force and measure to your visit, access, registration with, subscription to and use of the Site, and/or the Services through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly visit, access, register with and use the Site and the Services. Volcon does not guarantee that the Site, the Services or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier or network. If you visit, access, register with, subscribe to or use the Site or the Services through a particular Device, then you hereby acknowledge and agree that information about your use of the Site or the Services through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to Volcon and/or certain third parties (such as, by way of example only, your Device’s carrier or network). ALL OR ANY PART OF THE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIER OR NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO AND/OR USE OF THE SITE AND/OR THE SERVICES. VOLCON IS NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IF ANY.

6. Ownership.

The Site, the Services and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Volcon. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Volcon’s or its licensors’ respective rights and remedies under applicable law.

7. Rights, Permissions, and Consents.

  1. License of the Site. Subject to the terms and conditions of this Agreement, Volcon grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. If you have a User Account in good standing, then, subject to any associated payment, registration and subscription obligations imposed by or with the prior consent of Volcon, said license shall extend to the registration- or subscription-only pages or features of the Site or the Services, as applicable. Your unauthorized use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.
  2. License of the Services. If you have a User Account in good standing, then, subject to the terms and conditions of this Agreement, and any associated payment and registration or subscription obligations as imposed by or with the prior consent of Volcon, Volcon grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the Services made available on or through the registration- or subscription-only pages and features of the Site, for your personal, non-commercial use only, with such use being limited to the country or other jurisdiction in which you have established your User Account, and with such use being further limited to those geographic areas where Volcon offers the applicable Services. For the avoidance of doubt, the foregoing license does not grant you any right to reproduce (other than Volcon-permitted downloads, if any), publicly perform, publicly display, publish, distribute, transmit or create derivatives of the Services or any elements or derivatives thereof (including, without limitation, or any content, information, source codes, object codes, data or documentation found thereon or therein, in whole or in part), and you are prohibited from engaging in any such activities. For the further avoidance of doubt, Volcon may, from time-to-time, conduct certain audit, repair, modification or testing activities in relation to the Site and/or the Services for purposes of developing, operating, improving, researching, troubleshooting, repairing, updating or modifying the foregoing; and Volcon reserves the right, but not the obligation, to perform such activities without notice to you, and to exclude you from those activities without notice to you. In the event of the termination of this Agreement, the termination or cancellation of your User Account, or your sale or otherwise transfer to a third party of a Device containing any downloads from the Services, whichever is earlier, you must remove from all of your Devices all downloads from the Services to those Devices upon such termination or cancellation or before the time of such sale or other transfer. Your unauthorized use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.
  3. License of User Materials. All names, photographs, information, communications and any other content that you submit to or publish on, through or in relation to the Site or the Services, including those which you submit to or publish on any online social media account (e.g., Facebook, Google Plus, Twitter, Instagram) that you own and link or otherwise associate with the Site or your User Account, if any and as applicable, is hereinafter defined as the “User Materials.” You hereby grant Volcon an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for Volcon to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as Volcon sees fit in its sole discretion.
  4.  Reservation of Rights. Nothing in this Agreement shall restrict or limit Volcon’s rights, titles or interests in or to the Site, the Services, the User Materials or any elements or derivatives of the foregoing.
  5.  Warnings; Disclaimers. PLEASE NOTE THAT THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, VOLCON IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS USE OF ANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

8.Suspension or Termination of Service.

Disclaimer. Volcon has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site, the Services and/or your User Account at any time, and without notice or recourse, as Volcon deems advisable in its sole discretion. VOLCON SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSIONS OR TERMINATIONS (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE OR LOSS OF CONTENT).

9. Payments.

  1. Products and Services. Volcon might offer, sell, license or otherwise make available various products or services on, through or in relation to the Site (including, without limitation, the Services), some of which might only be made available to you upon completion and submission of an online form or other instructions provided to you by Volcon. Volcon has the right to refuse its products and services to you if it suspects that you are in any way involved in fraudulent or illegal activity, (including, without limitation, the use of stolen credit cards); and may contact your payment method issuer, law enforcement or others and share information relating to your payments if Volcon believes doing so will prevent a violation of the law or financial loss.
  2. Third-Party Vendors. All credit card, debit card and other monetary transactions made on or through the Site occur through an online payment processing application that is provided by a third-party vendor(s). VOLCON’S RELATIONSHIP WITH ITS THIRD-PARTY VENDORS, IF ANY, IS MERELY CONTRACTUAL IN NATURE, AS THEY ARE NOTHING MORE THAN THIRD-PARTY VENDORS AND ARE IN NO WAY SUBJECT VOLCON’S DIRECTION OR CONTROL; THUS, THEIR RELATIONSHIP IS NOT, AND SHOULD NOT BE CONSTRUED AS, ONE OF FIDUCIARIES, FRANCHISORS-FRANCHISEES, AGENTS-PRINCIPALS, EMPLOYERS-EMPLOYEES, PARTNERS, JOINT VENTURERS, CONTRACTORS OR THE LIKE.
  3. Payment Authorization. IF YOU PROVIDE VOLCON WITH YOUR PAYMENT INFORMATION, THEN YOU AUTHORIZE VOLCON TO DO THE FOLLOWING AS VOLCON DEEMS NECESSARY, ALTHOUGH VOLCON HAS NO OBLIGATION TO DO SO: (A) SHARE YOUR PAYMENT INFORMATION WITH ITS THIRD-PARTY PAYMENT PROCESSING VENDOR(S); (B) OBTAIN YOUR UPDATED PAYMENT INFORMATION FROM YOUR PAYMENT ISSUER, VOLCON’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S) AND/OR APPLICABLE THIRD-PARTY PROVIDERS; AND (C) USE YOUR PAYMENT INFORMATION TO CHARGE PAYMENTS THAT ACCRUE UNDER YOUR ACCOUNT(S) WITH VOLCON IN ACCORDANCE WITH THIS AGREEMENT.
  4. Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your account(s) with Volcon, Volcon’s third-party payment processing vendor(s), and/or any other third-party providers on, through or in relation to the Site (including, without limitation, all shipping and handling charges associated with the delivery of any products that you may purchase from Volcon). You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on, through or in relation to the Site, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
  5. Waiver of Claims; Unauthorized Payments. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST VOLCON RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON, THROUGH OR IN RELATION TO YOUR ACCOUNT(S) WITH VOLCON, VOLCON’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED.
  6.  Accurate Payment Information. You represent and warrant to Volcon that any payment information you provide on or through the Site is current, complete and accurate; and that you will promptly notify Volcon if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
  7. Refunds, Returns and Exchanges. All sales and payments made on, through or regarding the Site or any products and services offered, sold or provided to you on or through the Site (including, without limitation, the Services), as applicable, are final, irrevocable, and not subject to or eligible for refund, return or exchange, in whole or in part, except as expressly stated in this Agreement or the Reservation Agreement Terms and Conditions, and subject to your full compliance with the terms and conditions of those exceptions.
  8. Refusal of Products and Services. Volcon has the right, but not the obligation, to refuse any and all of its products and services to you (including, without limitation, the Services) if it suspects that you are in any way involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards). Volcon may contact your payment method issuer, law enforcement or others and share information relating to your payments if Volcon believes doing so will prevent a violation of the law or financial loss.

10. Electronic Communications.

  1. Express Consent. YOU HEREBY EXPRESSLY CONSENT TO VOLCON AND ITS AFFILIATED COMPANIES SENDING YOU ANY TYPE OF ELECTRONIC MESSAGE (INCLUDING, WITHOUT LIMITATION, ADVERTISING, TELEMARKETING, OR OTHER COMMERCIAL E-MAILS AND TEXT MESSAGES, INFORMATIONAL E-MAILS OR TEXT MESSAGES, AND ELECTRONIC NOTICES, UPDATES, AND NEWSLETTERS), WHETHER THROUGH THE SITE, SERVICES OR YOUR USER ACCOUNT, OR BY PERSONAL COMMUNICATION, E-MAIL, TEXT MESSAGE, AUTOMATIC TELEPHONE DIALING SYSTEM, OR ARTIFICIAL OR PRERECORDED VOICE, ONLINE SOCIAL MEDIA OR ANY OTHER ELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH COMMUNICATION SHALL VIOLATE THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, OR ANY OTHER APPLICABLE LAWS, RULES OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME. YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION FOR PURCHASE OR LICENSE OF ANY OTHER VOLCON PRODUCTS OR SERVICES.
  2. Opt-Out. You may opt-out of receiving any electronic messages from Volcon as described in section 10(a) above any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to support@volcon.com, with a subject line of “Opt-Out of Electronic Communications.” You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, your User Account, Volcon’s products or services (including, without limitation, the Services) and/or your ability to receive certain messages and/or notifications from Volcon.

11. Submissions.

Volcon does not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither Volcon nor any of Volcon’s content providers are responsible or liable for the similarity of any information or content made available on, through or in relation to the Site, the Services or your User Account.

12. Prohibited Activities.

You shall not engage in any of the following activities at any time with respect to the Site or the Services: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Volcon or its licensors with respect to the Site or the Services); (c) the reproduction of the Site or the Services or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Volcon herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site, the Services or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the Services or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site, the Services or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the Services or their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site, the Services or their servers; or (n) any other act that Volcon becomes aware of and believes in good faith is improper, illegal or harmful to the Site, their servers or any person, entity or property.

  1. Linked Technologies. The Site, the Services and/or any communications sent on, through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications may contain links to the Site and/or the Services (collectively, “Linked Technologies”). The Linked Technologies are not under the control of Volcon. The Site, the Services and any such communications contain the outgoing links as a convenience to you, if for any purpose.
  2. Disclaimer About Linked Technologies. VOLCON IS NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, MALICIOUS SOFTWARE, SPYWARE PROGRAMS, INACCURATE INFORMATION AND ILLEGAL CONTENT). VOLCON DOES NOT MAKE, NOR HAS VOLCON MADE, ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR OTHERWISE) CONCERNING THE TERMS OF USE OR SERVICE, PRIVACY POLICIES, AGREEMENTS, INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES; NOR SHALL THE FACT THAT THE SITE MAY LINK TO OR FROM ANY LINKED TECHNOLOGIES CONSTITUTE AN AFFILIATION WITH, ASSOCIATION WITH OR ENDORSEMENT OF SUCH LINKED TECHNOLOGIES OR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM SUCH LINKED TECHNOLOGIES. IF YOU DECIDE TO ACCESS ANY LINKED TECHNOLOGIES, THEN YOU DO SO AT YOUR OWN RISK.

14. Take Down.

Volcon reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site which Volcon believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.

Volcon respects the copyrights of others and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site, or from engaging in any activities on or through the Site, which violate the copyrights of others. It is the policy of Volcon to terminate, and Volcon reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any subscriber and account holder (which may include, without limitation, you) to access, register with, subscribe to and use the Site who is a repeat copyright infringer. And if Volcon becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of Volcon to take reasonable steps within its power to terminate, and Volcon reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Site. The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission or other use of a work found on the Site infringes your copyright, the copyright of said person or entity or any other intellectual property right owned by you or said person or entity. These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering with, subscribing to or using the Site, you are automatically agreeing to comply with the following procedures.

  1. Takedown Notice (Materials). To report any materials on the Site that violate the copyrights of others, you must send Volcon a written communication that includes substantially the following:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
       
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
       
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Takedown Notice (Information Location Tools). To report any information location tools (e.g., hyperlinks) on the Site that refer or link users to an online location containing infringing material or infringing activity, you must send Volcon a written communication that includes substantially the following: 
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      I
    3. dentification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
       
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  3. Counter-Notice. If you believe that any material you have uploaded, posted, distributed, or otherwise transmitted on the Site has been removed by mistake or misidentification, and if you have the right to upload, post, distribute or otherwise transmit the material at issue, then you may send Volcon a written communication that includes substantially the following: 
    1. A physical or electronic signature of the subscriber;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
  4. Copyright Administrator. The foregoing written communications (i.e., the above-described takedown notice, and the above-described counter-notice) must be sent to the following designated agent of Volcon:

Volcon, Inc., ATTN: Copyright Agent, 3267 Bee Caves Road, Suite 107-322, Austin TX 78746, United States, tel.: (512) 400-4271, email: privacy@volcon.com

16. User Representations, Warranties, and Covenants.

You represent, warrant and covenant to Volcon that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, their servers, the Services or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) Volcon is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Volcon in connection with your access or use of the Site and the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.

17. Disclaimers and Limitations.

  1. General Disclaimer. YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. THE SITE, THOSE PRODUCTS AND SERVICES, THE SUCCESS OR PERFORMANCE OF THE SITE OR THOSE PRODUCTS AND SERVICES AND ALL INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR THOSE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. VOLCON DOES NOT MAKE, NOR HAS VOLCON MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE SITE, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY. VOLCON EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SITE, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY AND SAFETY. VOLCON DOES NOT MAKE, NOR HAS VOLCON MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO THE SITE, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THIS AGREEMENT OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.
  2. Disclaimer About Products and Services. ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS AND PRICES OF ANY PRODUCTS OR SERVICES OFFERED ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE TO YOU. CERTAIN WEIGHTS, MEASURES AND OTHER DESCRIPTIONS ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE PURPOSES ONLY. THE INCLUSION OF ANY PRODUCTS OR SERVICES ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) DOES NOT IMPLY OR WARRANT THAT THEY ARE OR WILL BE AVAILABLE. IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS (INCLUDING MINIMUM AGE REQUIREMENTS) IN REGARD TO THE RECEIPT, POSSESSION, USE AND SALE OF ANY PRODUCT OR SERVICE ORDERED OR PURCHASED ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES). VOLCON RESERVES THE RIGHT, WITH OR WITHOUT PRIOR NOTICE TO YOU, TO DO ANY ONE OR MORE OF THE FOLLOWING: (I) LIMIT THE AVAILABLE QUANTITY OF OR DISCONTINUE ANY SUCH PRODUCT OR SERVICE; (II) IMPOSE CONDITIONS ON THE HONORING OF ANY COUPON, COUPON CODE, PROMOTIONAL CODE OR OTHER SIMILAR PROMOTION; (III) BAR YOU FROM MAKING OR COMPLETING ANY TRANSACTIONS ON, THROUGH OR IN RELATION TO THE SITE OR THE SERVICES; AND (IV) REFUSE TO PROVIDE YOU WITH ANY SUCH PRODUCT OR SERVICE.
  3. Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SITE AND/OR THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF VOLCON’S CONTROL. ACCORDINGLY, VOLCON SHALL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH THE SITE AND/OR THE SERVICES WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OF OR PROBLEMS WITH THE SITE AND/OR THE SERVICES WHICH ARE OUTSIDE OF VOLCON’S CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).
  4. Disclaimer About Certain Information, Communications and Content. ANY OPINIONS, ADVICE, REVIEWS, STATEMENTS, OFFERS OR OTHER INFORMATION, COMMUNICATIONS OR CONTENT FOUND ON, THROUGH OR IN RELATION TO VOLCON, THE SITE, THE SERVICES OR ANY THIRD-PARTY PROVIDERS (INCLUDING, WITHOUT LIMITATION, ONLINE FORUMS, OTHER WEBSITES, ADVERTISEMENTS, AND SOCIAL MEDIA PAGES) ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND NOT NECESSARILY THOSE OF VOLCON; THUS, THEY SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION, COMMUNICATIONS OR CONTENT. VOLCON DOES NOT GUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT, EVEN IF VOLCON IS THE AUTHOR. VOLCON IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT. UNDER NO CIRCUMSTANCES SHALL VOLCON BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR RELIANCE ON ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT.
  5. Limitation of Liability. IN NO EVENT SHALL VOLCON OR ANY OF VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) CAUSED BY OR ARISING FROM OR IN CONNECTION WITH: (I) YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SITE OR THE SERVICES, OR YOUR INABILITY TO VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR THE SERVICES; (II) ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES); (III) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR IN RELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL; (V) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VI) ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VII) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR IN RELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES; OR (VIII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES), THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE AND SUCH PRODUCTS AND SERVICES.
  6. No Injunctive Relief. IF VOLCON BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT).
  7. Limitation of Remedies. IF VOLCON BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF VOLCON HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND IN NO EVENT SHALL VOLCON’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF SUBSCRIPTION FEES THAT YOU HAVE ACTUALLY PAID DIRECTLY TO VOLCON UNDER THIS AGREEMENT WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH BREACH, IF ANY, OR OTHER VIOLATION OF THIS AGREEMENT, OR THE NON-SUBSCRIPTION AMOUNT PAID BY YOU TO PURCHASE ANY PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF THE DISPUTE, CONTROVERSY OR CLAIM, IF ANY.
  8. Consumer Protections. The disclaimers and limitations set forth in this section 17 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

18. General Release of Claims.

YOU HEREBY RELEASE AND HOLD HARMLESS VOLCON AND VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING). FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, ENJOIN VOLCON, ANY OF VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES OR ANY EXERCISE OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE USER MATERIALS). 

19. Indemnification.

YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS VOLCON AND VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYS’ FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS OR OMISSIONS, (B) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.

20. Term; Termination; Survival.

This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. Volcon may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if Volcon believes that you have violated or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any time and for any or no reason by cancelling your User Account or applicable subscriptions with Volcon. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to Volcon, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of Volcon and/or any of Volcon’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.

21. Governing Law.

This Agreement, the additional terms, conditions and policies referenced herein (including Volcon’s Privacy Policy), your visit, access, registration with, subscription to or use of the Site or the Services, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site (including, without limitation, the Services), the Parties’ relationship and all disputes, controversies and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Texas in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

22. Dispute Resolution.

  1. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions or policies referenced in this Agreement (including Volcon’s Privacy Policy), your visit, access, registration with, subscription to or use of the Site or the Services, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site (including, without limitation, the Services) and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT HE/SHE/IT IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.
  2. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 22 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
  3. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Austin, Texas United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
  4. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 22. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
  5. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
  6. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state and federal courts of the State of Texas in Travis County, Texas, United States of America, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
  7. Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS.

23. Notice.

Unless otherwise expressly stated in this Agreement, Volcon may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site by email to the email address associated with your User Account or by posting to your User Account, and shall be deemed effective as of their stated effective dates.

24. Relationship

In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Site, the Services or a Party’s visit to, access of, registration with, subscription to or use of the Site and/or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or Volcon.

25. Miscellaneous.

  1. Electronic Signatures. IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT ALONE SUFFICES.
  2. Excused Performance. Volcon is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
  3. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Volcon’s prior written consent in each instance.
  4. Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
  5. Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.
  6. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
  7. Entire Agreement. This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including Volcon’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

26. Contact Us.

Please direct any questions you may have about the Site, the Services or this Agreement to support@volcon.com, with a subject line of “Website Question.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.

27. Last Modified.

This Agreement was last modified on November 13, 2020.

PRIVACY & TERMS

PRIVACY POLICY

Volcon, Inc. (“Volcon”) respects the privacy of others.  This Privacy Policy (this “Privacy Policy”) is intended to explain Volcon’s privacy practices with respect to the website(s) that links to this Privacy Policy (together with its respective pages and features, the “Site”).  This Privacy Policy is also intended to provide you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) with an overview of the following:

  • the type of information about you Volcon collects through the Site;
  • how Volcon collects such information;
  • how Volcon uses such information;
  • who will have access to such information; and
  • Volcon’s security measures for protecting such information.

This Privacy Policy applies to information collected through the Site.  Carefully read this Privacy Policy in its entirety.

You are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Volcon’s Terms and Conditions, whenever you create, register with or log into an account on or through the Site.  Similarly, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Volcon’s Terms and Conditions, whenever you visit, access, register with, subscribe to or use the Site or any services provided by Volcon on the Site; and your continuing visit, access, registration with, subscription to or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information that relates to an identified or an identifiable individual (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Volcon may collect from you, such as anonymized data. 

1. A Special Note About Minors.

The Site is a general audience website intended for use by adults.  The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Volcon does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age.  If Volcon obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Volcon remove content or information about you that is posted on the Site.  Please submit any such request (“Request for Removal of Minor Information”) to support@volcon.com, with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

  1. the nature of your request;
  2. the identity of the content or information to be removed;
  3. whether such content or information is found on the Site;
  4. the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);
  5. that the request is related to the “Removal of Minor Information;”
  6. your name, street address, city, state, zip code and email address; and
  7. whether you prefer to receive a response to your request by mail or email.

Volcon is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site.

Also, please note that Volcon is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Volcon to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Volcon anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of Volcon’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Volcon is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

2. Categories of Information Collected.

Volcon may collect personal and non-personal information about you through the Site.  Depending upon your use of the Site, the categories of such information might include:

  • Your name (first, last and/or middle) and unique identifiers (e.g., username);
  • Your login information for the Site (e.g., username, password, security questions and answers);
  • Your contact information (e.g., mailing address, email address, telephone number, facsimile number);
  • Your gender;
  • Your date of birth;
  • Your electronic signature;
  • Your billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
  • Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
  • Information related to your inquires about possible advertising opportunities with Volcon and/or one or more of its parent, subsidiary or affiliated companies (e.g., brands, media, markets);
  • Information related to your inquiries about possible employment with Volcon and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
  • Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
  • Third-party website, network, platform, server and/or application information (e.g., Facebook, Google Plus, Twitter, Instagram);
  • Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site);
  • Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
  • Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site);
  • Information about third parties that you refer to Volcon (e.g., name, email and/or other contact information, relationship);
  • Information set forth in your online account registration, user profile, and/or user directory forms for the Site;
  • Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site or which are accessed via your public or linked social media pages (e.g., Facebook, Google
  • Plus, Twitter, Instagram);
  • Your name associated with your mobile device;
  • Your telephone number associated with your mobile device;
  • Your geolocation; and/or
  • Your mobile device ID information.

3. How Information Is Collected.

Depending upon your use of the Site, Volcon might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Volcon asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends Volcon a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then Volcon may collect any personal or non-personal information provided therein or therewith.

Finally, Volcon might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

  • Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message.  They may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies.  Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website.  Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
  • Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device.  Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  Flash cookies are not managed by the same browser settings that are used for regular cookies.
  • Retargeting pixels, which are cookie-based technologies that might follow you across the web.
  • Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values.  Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses.  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
  • Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens).  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.
  • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user.  Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on.  Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the Site.
  • Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
  • Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.

By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving Volcon permission to monitor or otherwise track your activities on the Site, and that Volcon may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4. Use of Information Collected.

Volcon may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:

  • Fulfill your requests;
  • Process your payments;
  • Place, fulfill, process and/or track your orders and purchases;
  • Facilitate your movement through the Site;
  • Facilitate your use of the Site and/or its respective products and services;
  • Provide customer service;
  • Send you communications like, for example, administrative emails, answers to your questions and updates about the Site;
  • Allow you to communicate with others through the Site like, for example, through online forums, chat rooms, and bulletin boards;
  • Provide you with information about Volcon, its parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
  • Provide you with customized content and services, including advertising and promotional information (e.g., targeted ads, retargeted ads), recommendations for content you might like, and cross-app or cross-site functionality across multiple third-party websites and mobile apps;
  • Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
  • Improve the Site and/or its respective content, features and services;
  • Improve the products, services, marketing and/or promotional efforts of Volcon and/or its parent, subsidiary or affiliated companies;
  • Create new products, services, marketing and/or promotions for Volcon and/or its parent, subsidiary or affiliated companies;
  • Market the businesses, products and/or services of Volcon and/or its parent, subsidiary or affiliated companies;
  • Help personalize user experiences with the Site and/or its respective products and services;
  • Analyze traffic to and through the Site;
  • Analyze user behavior and activity on or through the Site;
  • Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Volcon, its parent, subsidiary or affiliated companies, the Site, and/or their respective products and/or services;
  • Monitor the activities of you and others on or through the Site;
  • With your consent;
  • Create device fingerprints and profiles about the possible relationships among different browsers and devices;
  • Create consumer profiles, which may combine your personal or non-personal information from the Site with your personal or non-personal information from another source or service;
  • Protect or enforce Volcon’s and/or its parent, subsidiary or affiliated companies’ respective rights and properties; and/or
  • Protect or enforce the rights and properties of others (which may include you).

Volcon reserves the right to use your personal and non-personal information when:

  • Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
  • Volcon believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Volcon, a user of the Site which may include you or anyone else who may be harmed by such activities or to further Volcon’s legitimate business interests).

5. Sharing of Information Collected.

Volcon may share your personal information with the following:

  • Volcon’s employees, agents and administrators;
  • Volcon’s accountants, financial advisors and legal advisors;
  • Volcon’s parents, subsidiaries and affiliates;
  • Service providers and other third parties who help Volcon provide, manage, administer, maintain, monitor, distribute, operate or facilitate the Site, who help Volcon develop, market or provide its products and services, or who help further Volcon’s business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers, advertising partners), as needed in order for them to perform such services;
  • Law enforcement or other governmental entities in response to what Volcon believes to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose Volcon to liability if it does not act or comply;
  • Any third parties who Volcon believes are necessary to help or allow Volcon to protect and enforce its rights and properties, including, without limitation, to enforce its rights under Volcon’s Terms and Conditions or any other agreements Volcon has with you, and to protect and enforce its intellectual property rights; and/or
  • Any third parties who Volcon believes are necessary to help or allow Volcon to protect the rights and properties of other (which may include you), assuming that Volcon believes it has an obligation to do so.

Volcon also reserves the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of Volcon or Volcon’s business (whether by sale of assets, merger, stock purchase or otherwise).

Volcon does not limit the ways in which it might use or share non-personal information – and Volcon reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you.  For example, Volcon may freely share non-personal information with its parent, subsidiary and affiliated companies, its vendors, its suppliers, its representatives and other individuals, businesses and government entities.

You may choose to share certain information and/or follow other users on the Site.  You may choose to share your contact information with other users or provide it publicly.

6. Data Retention.

Volcon may retain your personal information and non-personal information for as long as it reasonably necessary for a legitimate business purpose.  Volcon may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and Volcon concerning the same or as required by law.

7. Transactions.

In connection with any transaction that you conduct on, through or in relation to the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. 

By submitting such information, you consent to providing such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction. All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application. This online payment processing application provided by a third-party online payment processing vendor. 

8. Third Parties and Their Applications and Networks.

The Site and/or any communications sent through or as a function of the Site might contain links to third-party websites, networks, platforms, servers and/or applications.  Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site.

In addition, you might have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications.  Volcon might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

Moreover, Volcon might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies). 

You should carefully review the relevant terms of use and privacy policies associated with third party websites, networks, platforms, servers and applications. 

9. Security.

Volcon implements security measures to help protect the personal information it collects through the Site.  For example, Volcon encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.

To help maintain the security of your personal information, Volcon asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).

10. Retention, Review, and Change of Information Collected.

You may request at any time that Volcon provide you with an opportunity to review and change your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services.  Please submit any such request (“Request Concerning Personal Information”) to support@volcon.com, with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

 the nature of your request;
that the request is related to “Your Personal Information;”
your name, street address, city, state, zip code and email address; and
whether you prefer to receive a response to your request by mail or email.
Volcon is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent.  You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

11. California Privacy Rights.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice below.

12. Canada Privacy Rights.

If you are a Canadian Citizen, then, pursuant to Principle 9 of the Model Code for the Protection of Personal Information, you have the right to request the existence, use and disclosure of your personal information and be given access to that information. You are further able to challenge the accuracy and completeness of the information and have it amended as appropriate. Specifically, you are entitled to obtain free of charge, information from us regarding whether or not we have any of your personal information, an account of the use that has been made of that information, and an account of the third parties to which it has been disclosed. Please submit any such request (“Canada Privacy Rights Request”) to any one of the following: By mail: Volcon, Inc., Attn. Canada Privacy Agent, support@volcon.com, with a subject line of “Your Canada Privacy Rights”. By email: support@volcon.com with a subject line of “Your Canada Privacy Rights – Attn. Canada Privacy Agent”.  For each Canada Privacy Rights Request, please state “Your Canada Privacy Rights” in the email or letter subject line, and clearly state the following in the body: (a) the nature of your request; (b) that the request is related to “Your Canada Privacy Rights;” (c) your name, street address, city, state, zip code and email address; and (d) whether you prefer to receive a response to your request by mail or email. If you send a Canada Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. We will not accept a Canada Rights Request via telephone or fax; and are not responsible for a Canada Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent. Finally, as explained further above, we do not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, we are not responsible for, and you hereby release us from, any and all liability which may arise from, such third parties’ unauthorized collection of your personal information. 

13. Users in the EU, EEA, UK, and Switzerland.

Data Controller

Volcon is the data controller of the personal information collected and processed through your use of the Site. 

You may contact us by mail, by email, or by telephone.

By mail:

3267 Bee Caves Road, Suite 107-322
Austin, TX 78746

By email:  support@volcon.com

By telephone: (512) 400-4271

As explained above, we process personal information in various ways depending upon your use of our Site.  We process personal information on the following bases: (1) with your consent; (2) as necessary to perform a contract when you request services; and (3) as necessary for our legitimate interests in providing you with our products and services, enhancing our web services, conducting analytics, and delivering relevant advertising.

Your Rights Regarding Personal Information

  Access and Confirmation.  You have the right to ask us if we process personal information about you, and in some circumstances, to obtain a copy of your personal information. 
  Deletion and Blocking.  Under certain circumstances, you may have the right to have your personal information deleted or blocked without undue delay. 
 Direct Marketing.  You have the right to object to our processing of your personal information for direct marketing purposes.
Consent.  To the extent we are processing personal information on the basis of your consent, you have the right to withdraw consent at any time. 
  Data Portability.  Under certain circumstances, to the extent we are processing your personal information on the basis of consent, or that it is necessary to perform a contract with you, and the processing is carried out by automated means, you have the right to receive the personal information in a structured, commonly used and machine-readable format.
To exercise the rights set forth above in subsections a-e, please contact us at support@volcon.com.
  Right to Lodge a Complaint.  You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority in your country.

Transfers

We are headquartered in the United States of America. Personal information may be accessed by us or transferred to us in the United States. The European Commission has not determined that the United States ensures an adequate level of protection for personal information.  

By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.

14. Online Tracking.

Volcon does not respond to “do not track” (DNT) signals.

15. Modifications of this Privacy Policy.

We regularly review and revise our Privacy Policy. We make changes to the Privacy Policy available on this page and note that the policy has been updated.  If we make material changes to how we treat your personal information, we will notify you by email to the primary email address specified in your account and through a notice on our home page.

16. Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

17. Contact Us.

Please direct any questions you may have about this Privacy Policy to support@volcon.com, with a subject line of “Privacy Policy.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

18. Mergers, Acquisitions, and Other Business Transactions

Volcon may decide to sell, buy, merge or otherwise reorganize its business.  If that occurs, you will be notified by email or a prominent notice on our webpage of any ownership change and any change in the use of your personal information.  These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers.  We seek appropriate protection for personal information in these types of transactions. 

19. Modification Date.

This Privacy Policy was last modified on November 13, 2020.

PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Privacy Statement”) supplements the information contained in the Privacy Policy, which is incorporated by reference as if set forth herein.  This Privacy Statement applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The categories of information set forth in the chart below are those defined in the CCPA.  This does not mean that all examples of that category of personal information were in fact collected, but reflects a good faith belief that to the best of our knowledge that some of that information may have been collected.  In particular, we have collected the following categories of personal information from consumers within the last 12 months:

Examples Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:health or medical information covered by the Health Insurance Portability and
    • Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
      personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the
    • Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our customers.
  • Directly and indirectly from activity on the Site.  For example, from submissions through our website portal or website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, fulfilling one of your orders.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve the Site and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding 12 months, we have not disclosed personal information to a third party for a business purpose:

Category A:            Identifiers.
Category B:            California Customer Records personal information categories.
Category D:            Commercial Information

Category F:             Internet or other similar network activity.

Category G:            Geolocation Data

We may disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding 12 months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at (512) 400-4271.
  • Emailing us at support@volcon.com; or

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (512) 400-4271
Email: support@volcon.com

Postal Address: 3267 Bee Caves Road, Suite 107-322
Austin, TX 78746

TERMS OF SERVICE

These Terms of Service (this “Agreement”) concern the Volcon.com website (together with its pages and features, the “Site”) and all associated services described further below (collectively, the “Services”). This Agreement is made and entered into by and between you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) and Volcon, Inc. (“Volcon”) (with you and Volcon sometimes referred to herein each as a “Party” and together as the “Parties”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND VOLCON THAT APPLIES TO THE SITE AND SERVICE. THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THIS AGREEMENT, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS.

YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS AGREEMENT WHENEVER YOU CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT ON OR THROUGH THE SITE. SIMILARLY, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS AGREEMENT WHENEVER YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR THE SERVICES; AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF ANY OF THE FORGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM VISITING, ACCESSING, REGISTERING WITH, SUBSCRIBING TO OR USING THE SITE OR THE SERVICES.

VOLCON MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME. SUCH MODIFICATIONS WILL BE POSTED ON THIS OR ANOTHER PAGE OF THE SITE, EMAILED TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR USER ACCOUNT (DEFINED BELOW) OR POSTED TO YOUR USER ACCOUNT (DEFINED BELOW), AS APPLICABLE AND AS VOLCON DEEMS APPROPRIATE IN ITS SOLE DISCRETION, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS AGREEMENT AND YOUR USER ACCOUNT (DEFINED BELOW) EACH TIME YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR THE SERVICE.

1. Eligibility.

The Site and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with, subscribing to or using the Site or the Services, you represent and warrant to Volcon that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, subscribing to and using the Site and the Services, and for purchasing and using any products or services on or through the Site, and you may only use them for lawful purposes.

2. Privacy.

  1. Privacy Policy. Volcon respects the privacy of others. Volcon’s policies concerning the collection and use of your personal information in connection with the Site are set forth in Volcon’s Privacy Policy, which you should carefully review each time you visit, access, register with, subscribe to or use the Site or the Services.
  2. Express Consent to Privacy Policy. YOU HEREBY EXPRESSLY CONSENT TO VOLCON AND ITS AFFILIATED COMPANIES COLLECTING AND USING INFORMATION ABOUT YOU (INCLUDING YOUR PERSONAL AND NON-PERSONAL INFORMATION) AS DISCLOSED IN VOLCON’S PRIVACY POLICY.

3. Description of Services.

 The following further describes the Services. Keep in mind, however, that Volcon might only make certain Services available to certain subscribers. Volcon reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as Volcon sees fit in its sole discretion from time-to-time.

Services. The Services include the sale, or reservation of the sale, of vehicle accessories, vehicle upgrades, and electric vehicles that enhance the outdoor experience while reducing the environmental footprint . Volcon reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as Volcon sees fit in its sole discretion from time-to-time.

4. User Account.

  1. Registration. As explained further herein, to secure the right to access and use the registration- or subscription-only pages or features of the Site or the Services, as applicable, you must register with and create a personal user account with Volcon through the Site (“User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as Volcon may require from time-to-time. Unless otherwise permitted by Volcon in writing, you may only have one (1) non-transferable User Account.
  2. User Account Activity and Information. You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use or receive all or any part of the Site or the Services and/or Volcon’s termination of this Agreement. For the sake of security, you must immediately notify Volcon if you suspect that a third party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, Volcon has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors and vendors to access and use, the information in your User Account to facilitate the exercise and performance of Volcon’s rights and obligations under this Agreement, the operation of the Site, the provision and performance of the Services and/or any other rights, obligations, operations and services related to the subject matter of this Agreement (including, without limitation, payments, and communications).
  3. Indemnification. IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS OF SECTION 4(B) ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS, ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS AND ANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT); AND YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS VOLCON AND VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEES, ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.

5. Your Devices.

Certain portions of the Site or the Services may be configured for, and Volcon may offer the Site or the Services through, certain televisions, computers, tablets, smart phones or other electronic devices (“Device(s)”); and this Agreement shall apply with equal force and measure to your visit, access, registration with, subscription to and use of the Site, and/or the Services through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly visit, access, register with and use the Site and the Services. Volcon does not guarantee that the Site, the Services or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier or network. If you visit, access, register with, subscribe to or use the Site or the Services through a particular Device, then you hereby acknowledge and agree that information about your use of the Site or the Services through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to Volcon and/or certain third parties (such as, by way of example only, your Device’s carrier or network). ALL OR ANY PART OF THE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIER OR NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO AND/OR USE OF THE SITE AND/OR THE SERVICES. VOLCON IS NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IF ANY.

6. Ownership.

The Site, the Services and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Volcon. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Volcon’s or its licensors’ respective rights and remedies under applicable law.

7. Rights, Permissions, and Consents.

  1. License of the Site. Subject to the terms and conditions of this Agreement, Volcon grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. If you have a User Account in good standing, then, subject to any associated payment, registration and subscription obligations imposed by or with the prior consent of Volcon, said license shall extend to the registration- or subscription-only pages or features of the Site or the Services, as applicable. Your unauthorized use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.
  2. License of the Services. If you have a User Account in good standing, then, subject to the terms and conditions of this Agreement, and any associated payment and registration or subscription obligations as imposed by or with the prior consent of Volcon, Volcon grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the Services made available on or through the registration- or subscription-only pages and features of the Site, for your personal, non-commercial use only, with such use being limited to the country or other jurisdiction in which you have established your User Account, and with such use being further limited to those geographic areas where Volcon offers the applicable Services. For the avoidance of doubt, the foregoing license does not grant you any right to reproduce (other than Volcon-permitted downloads, if any), publicly perform, publicly display, publish, distribute, transmit or create derivatives of the Services or any elements or derivatives thereof (including, without limitation, or any content, information, source codes, object codes, data or documentation found thereon or therein, in whole or in part), and you are prohibited from engaging in any such activities. For the further avoidance of doubt, Volcon may, from time-to-time, conduct certain audit, repair, modification or testing activities in relation to the Site and/or the Services for purposes of developing, operating, improving, researching, troubleshooting, repairing, updating or modifying the foregoing; and Volcon reserves the right, but not the obligation, to perform such activities without notice to you, and to exclude you from those activities without notice to you. In the event of the termination of this Agreement, the termination or cancellation of your User Account, or your sale or otherwise transfer to a third party of a Device containing any downloads from the Services, whichever is earlier, you must remove from all of your Devices all downloads from the Services to those Devices upon such termination or cancellation or before the time of such sale or other transfer. Your unauthorized use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.
  3. License of User Materials. All names, photographs, information, communications and any other content that you submit to or publish on, through or in relation to the Site or the Services, including those which you submit to or publish on any online social media account (e.g., Facebook, Google Plus, Twitter, Instagram) that you own and link or otherwise associate with the Site or your User Account, if any and as applicable, is hereinafter defined as the “User Materials.” You hereby grant Volcon an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for Volcon to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as Volcon sees fit in its sole discretion.
  4.  Reservation of Rights. Nothing in this Agreement shall restrict or limit Volcon’s rights, titles or interests in or to the Site, the Services, the User Materials or any elements or derivatives of the foregoing.
  5.  Warnings; Disclaimers. PLEASE NOTE THAT THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, VOLCON IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS USE OF ANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

8.Suspension or Termination of Service.

Disclaimer. Volcon has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site, the Services and/or your User Account at any time, and without notice or recourse, as Volcon deems advisable in its sole discretion. VOLCON SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSIONS OR TERMINATIONS (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE OR LOSS OF CONTENT).

9. Payments.

  1. Products and Services. Volcon might offer, sell, license or otherwise make available various products or services on, through or in relation to the Site (including, without limitation, the Services), some of which might only be made available to you upon completion and submission of an online form or other instructions provided to you by Volcon. Volcon has the right to refuse its products and services to you if it suspects that you are in any way involved in fraudulent or illegal activity, (including, without limitation, the use of stolen credit cards); and may contact your payment method issuer, law enforcement or others and share information relating to your payments if Volcon believes doing so will prevent a violation of the law or financial loss.
  2. Third-Party Vendors. All credit card, debit card and other monetary transactions made on or through the Site occur through an online payment processing application that is provided by a third-party vendor(s). VOLCON’S RELATIONSHIP WITH ITS THIRD-PARTY VENDORS, IF ANY, IS MERELY CONTRACTUAL IN NATURE, AS THEY ARE NOTHING MORE THAN THIRD-PARTY VENDORS AND ARE IN NO WAY SUBJECT VOLCON’S DIRECTION OR CONTROL; THUS, THEIR RELATIONSHIP IS NOT, AND SHOULD NOT BE CONSTRUED AS, ONE OF FIDUCIARIES, FRANCHISORS-FRANCHISEES, AGENTS-PRINCIPALS, EMPLOYERS-EMPLOYEES, PARTNERS, JOINT VENTURERS, CONTRACTORS OR THE LIKE.
  3. Payment Authorization. IF YOU PROVIDE VOLCON WITH YOUR PAYMENT INFORMATION, THEN YOU AUTHORIZE VOLCON TO DO THE FOLLOWING AS VOLCON DEEMS NECESSARY, ALTHOUGH VOLCON HAS NO OBLIGATION TO DO SO: (A) SHARE YOUR PAYMENT INFORMATION WITH ITS THIRD-PARTY PAYMENT PROCESSING VENDOR(S); (B) OBTAIN YOUR UPDATED PAYMENT INFORMATION FROM YOUR PAYMENT ISSUER, VOLCON’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S) AND/OR APPLICABLE THIRD-PARTY PROVIDERS; AND (C) USE YOUR PAYMENT INFORMATION TO CHARGE PAYMENTS THAT ACCRUE UNDER YOUR ACCOUNT(S) WITH VOLCON IN ACCORDANCE WITH THIS AGREEMENT.
  4. Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your account(s) with Volcon, Volcon’s third-party payment processing vendor(s), and/or any other third-party providers on, through or in relation to the Site (including, without limitation, all shipping and handling charges associated with the delivery of any products that you may purchase from Volcon). You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on, through or in relation to the Site, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
  5. Waiver of Claims; Unauthorized Payments. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST VOLCON RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON, THROUGH OR IN RELATION TO YOUR ACCOUNT(S) WITH VOLCON, VOLCON’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED.
  6.  Accurate Payment Information. You represent and warrant to Volcon that any payment information you provide on or through the Site is current, complete and accurate; and that you will promptly notify Volcon if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
  7. Refunds, Returns and Exchanges. All sales and payments made on, through or regarding the Site or any products and services offered, sold or provided to you on or through the Site (including, without limitation, the Services), as applicable, are final, irrevocable, and not subject to or eligible for refund, return or exchange, in whole or in part, except as expressly stated in this Agreement or the Reservation Agreement Terms and Conditions, and subject to your full compliance with the terms and conditions of those exceptions.
  8. Refusal of Products and Services. Volcon has the right, but not the obligation, to refuse any and all of its products and services to you (including, without limitation, the Services) if it suspects that you are in any way involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards). Volcon may contact your payment method issuer, law enforcement or others and share information relating to your payments if Volcon believes doing so will prevent a violation of the law or financial loss.

10. Electronic Communications.

  1. Express Consent. YOU HEREBY EXPRESSLY CONSENT TO VOLCON AND ITS AFFILIATED COMPANIES SENDING YOU ANY TYPE OF ELECTRONIC MESSAGE (INCLUDING, WITHOUT LIMITATION, ADVERTISING, TELEMARKETING, OR OTHER COMMERCIAL E-MAILS AND TEXT MESSAGES, INFORMATIONAL E-MAILS OR TEXT MESSAGES, AND ELECTRONIC NOTICES, UPDATES, AND NEWSLETTERS), WHETHER THROUGH THE SITE, SERVICES OR YOUR USER ACCOUNT, OR BY PERSONAL COMMUNICATION, E-MAIL, TEXT MESSAGE, AUTOMATIC TELEPHONE DIALING SYSTEM, OR ARTIFICIAL OR PRERECORDED VOICE, ONLINE SOCIAL MEDIA OR ANY OTHER ELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH COMMUNICATION SHALL VIOLATE THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, OR ANY OTHER APPLICABLE LAWS, RULES OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME. YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION FOR PURCHASE OR LICENSE OF ANY OTHER VOLCON PRODUCTS OR SERVICES.
  2. Opt-Out. You may opt-out of receiving any electronic messages from Volcon as described in section 10(a) above any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to support@volcon.com, with a subject line of “Opt-Out of Electronic Communications.” You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, your User Account, Volcon’s products or services (including, without limitation, the Services) and/or your ability to receive certain messages and/or notifications from Volcon.

11. Submissions.

Volcon does not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither Volcon nor any of Volcon’s content providers are responsible or liable for the similarity of any information or content made available on, through or in relation to the Site, the Services or your User Account.

12. Prohibited Activities.

You shall not engage in any of the following activities at any time with respect to the Site or the Services: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Volcon or its licensors with respect to the Site or the Services); (c) the reproduction of the Site or the Services or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Volcon herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site, the Services or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the Services or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site, the Services or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the Services or their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site, the Services or their servers; or (n) any other act that Volcon becomes aware of and believes in good faith is improper, illegal or harmful to the Site, their servers or any person, entity or property.

  1. Linked Technologies. The Site, the Services and/or any communications sent on, through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications may contain links to the Site and/or the Services (collectively, “Linked Technologies”). The Linked Technologies are not under the control of Volcon. The Site, the Services and any such communications contain the outgoing links as a convenience to you, if for any purpose.
  2. Disclaimer About Linked Technologies. VOLCON IS NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, MALICIOUS SOFTWARE, SPYWARE PROGRAMS, INACCURATE INFORMATION AND ILLEGAL CONTENT). VOLCON DOES NOT MAKE, NOR HAS VOLCON MADE, ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR OTHERWISE) CONCERNING THE TERMS OF USE OR SERVICE, PRIVACY POLICIES, AGREEMENTS, INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES; NOR SHALL THE FACT THAT THE SITE MAY LINK TO OR FROM ANY LINKED TECHNOLOGIES CONSTITUTE AN AFFILIATION WITH, ASSOCIATION WITH OR ENDORSEMENT OF SUCH LINKED TECHNOLOGIES OR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM SUCH LINKED TECHNOLOGIES. IF YOU DECIDE TO ACCESS ANY LINKED TECHNOLOGIES, THEN YOU DO SO AT YOUR OWN RISK.

14. Take Down.

Volcon reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site which Volcon believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.

Volcon respects the copyrights of others and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site, or from engaging in any activities on or through the Site, which violate the copyrights of others. It is the policy of Volcon to terminate, and Volcon reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any subscriber and account holder (which may include, without limitation, you) to access, register with, subscribe to and use the Site who is a repeat copyright infringer. And if Volcon becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of Volcon to take reasonable steps within its power to terminate, and Volcon reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Site. The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission or other use of a work found on the Site infringes your copyright, the copyright of said person or entity or any other intellectual property right owned by you or said person or entity. These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering with, subscribing to or using the Site, you are automatically agreeing to comply with the following procedures.

  1. Takedown Notice (Materials). To report any materials on the Site that violate the copyrights of others, you must send Volcon a written communication that includes substantially the following:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
       
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
       
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Takedown Notice (Information Location Tools). To report any information location tools (e.g., hyperlinks) on the Site that refer or link users to an online location containing infringing material or infringing activity, you must send Volcon a written communication that includes substantially the following: 
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      I
    3. dentification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
       
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  3. Counter-Notice. If you believe that any material you have uploaded, posted, distributed, or otherwise transmitted on the Site has been removed by mistake or misidentification, and if you have the right to upload, post, distribute or otherwise transmit the material at issue, then you may send Volcon a written communication that includes substantially the following: 
    1. A physical or electronic signature of the subscriber;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
  4. Copyright Administrator. The foregoing written communications (i.e., the above-described takedown notice, and the above-described counter-notice) must be sent to the following designated agent of Volcon:

Volcon, Inc., ATTN: Copyright Agent, 3267 Bee Caves Road, Suite 107-322, Austin TX 78746, United States, tel.: (512) 400-4271, email: privacy@volcon.com

16. User Representations, Warranties, and Covenants.

You represent, warrant and covenant to Volcon that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, their servers, the Services or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) Volcon is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Volcon in connection with your access or use of the Site and the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.

17. Disclaimers and Limitations.

  1. General Disclaimer. YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. THE SITE, THOSE PRODUCTS AND SERVICES, THE SUCCESS OR PERFORMANCE OF THE SITE OR THOSE PRODUCTS AND SERVICES AND ALL INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE OR THOSE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. VOLCON DOES NOT MAKE, NOR HAS VOLCON MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE SITE, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY. VOLCON EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SITE, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY AND SAFETY. VOLCON DOES NOT MAKE, NOR HAS VOLCON MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO THE SITE, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THIS AGREEMENT OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.
  2. Disclaimer About Products and Services. ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS AND PRICES OF ANY PRODUCTS OR SERVICES OFFERED ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE TO YOU. CERTAIN WEIGHTS, MEASURES AND OTHER DESCRIPTIONS ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE PURPOSES ONLY. THE INCLUSION OF ANY PRODUCTS OR SERVICES ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) DOES NOT IMPLY OR WARRANT THAT THEY ARE OR WILL BE AVAILABLE. IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS (INCLUDING MINIMUM AGE REQUIREMENTS) IN REGARD TO THE RECEIPT, POSSESSION, USE AND SALE OF ANY PRODUCT OR SERVICE ORDERED OR PURCHASED ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES). VOLCON RESERVES THE RIGHT, WITH OR WITHOUT PRIOR NOTICE TO YOU, TO DO ANY ONE OR MORE OF THE FOLLOWING: (I) LIMIT THE AVAILABLE QUANTITY OF OR DISCONTINUE ANY SUCH PRODUCT OR SERVICE; (II) IMPOSE CONDITIONS ON THE HONORING OF ANY COUPON, COUPON CODE, PROMOTIONAL CODE OR OTHER SIMILAR PROMOTION; (III) BAR YOU FROM MAKING OR COMPLETING ANY TRANSACTIONS ON, THROUGH OR IN RELATION TO THE SITE OR THE SERVICES; AND (IV) REFUSE TO PROVIDE YOU WITH ANY SUCH PRODUCT OR SERVICE.
  3. Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SITE AND/OR THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF VOLCON’S CONTROL. ACCORDINGLY, VOLCON SHALL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH THE SITE AND/OR THE SERVICES WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OF OR PROBLEMS WITH THE SITE AND/OR THE SERVICES WHICH ARE OUTSIDE OF VOLCON’S CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).
  4. Disclaimer About Certain Information, Communications and Content. ANY OPINIONS, ADVICE, REVIEWS, STATEMENTS, OFFERS OR OTHER INFORMATION, COMMUNICATIONS OR CONTENT FOUND ON, THROUGH OR IN RELATION TO VOLCON, THE SITE, THE SERVICES OR ANY THIRD-PARTY PROVIDERS (INCLUDING, WITHOUT LIMITATION, ONLINE FORUMS, OTHER WEBSITES, ADVERTISEMENTS, AND SOCIAL MEDIA PAGES) ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND NOT NECESSARILY THOSE OF VOLCON; THUS, THEY SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION, COMMUNICATIONS OR CONTENT. VOLCON DOES NOT GUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT, EVEN IF VOLCON IS THE AUTHOR. VOLCON IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT. UNDER NO CIRCUMSTANCES SHALL VOLCON BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR RELIANCE ON ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT.
  5. Limitation of Liability. IN NO EVENT SHALL VOLCON OR ANY OF VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) CAUSED BY OR ARISING FROM OR IN CONNECTION WITH: (I) YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SITE OR THE SERVICES, OR YOUR INABILITY TO VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SITE OR THE SERVICES; (II) ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES); (III) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR IN RELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL; (V) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VI) ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VII) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR IN RELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES; OR (VIII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES), THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE AND SUCH PRODUCTS AND SERVICES.
  6. No Injunctive Relief. IF VOLCON BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT).
  7. Limitation of Remedies. IF VOLCON BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF VOLCON HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND IN NO EVENT SHALL VOLCON’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF SUBSCRIPTION FEES THAT YOU HAVE ACTUALLY PAID DIRECTLY TO VOLCON UNDER THIS AGREEMENT WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH BREACH, IF ANY, OR OTHER VIOLATION OF THIS AGREEMENT, OR THE NON-SUBSCRIPTION AMOUNT PAID BY YOU TO PURCHASE ANY PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF THE DISPUTE, CONTROVERSY OR CLAIM, IF ANY.
  8. Consumer Protections. The disclaimers and limitations set forth in this section 17 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

18. General Release of Claims.

YOU HEREBY RELEASE AND HOLD HARMLESS VOLCON AND VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING). FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, ENJOIN VOLCON, ANY OF VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES OR ANY EXERCISE OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE USER MATERIALS). 

19. Indemnification.

YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS VOLCON AND VOLCON’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYS’ FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS OR OMISSIONS, (B) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.

20. Term; Termination; Survival.

This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. Volcon may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if Volcon believes that you have violated or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any time and for any or no reason by cancelling your User Account or applicable subscriptions with Volcon. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to Volcon, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of Volcon and/or any of Volcon’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.

21. Governing Law.

This Agreement, the additional terms, conditions and policies referenced herein (including Volcon’s Privacy Policy), your visit, access, registration with, subscription to or use of the Site or the Services, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site (including, without limitation, the Services), the Parties’ relationship and all disputes, controversies and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Texas in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

22. Dispute Resolution.

  1. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions or policies referenced in this Agreement (including Volcon’s Privacy Policy), your visit, access, registration with, subscription to or use of the Site or the Services, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site (including, without limitation, the Services) and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT HE/SHE/IT IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.
  2. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 22 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
  3. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Austin, Texas United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
  4. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 22. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
  5. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
  6. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state and federal courts of the State of Texas in Travis County, Texas, United States of America, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
  7. Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS.

23. Notice.

Unless otherwise expressly stated in this Agreement, Volcon may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site by email to the email address associated with your User Account or by posting to your User Account, and shall be deemed effective as of their stated effective dates.

24. Relationship

In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Site, the Services or a Party’s visit to, access of, registration with, subscription to or use of the Site and/or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or Volcon.

25. Miscellaneous.

  1. Electronic Signatures. IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT ALONE SUFFICES.
  2. Excused Performance. Volcon is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
  3. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Volcon’s prior written consent in each instance.
  4. Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
  5. Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.
  6. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
  7. Entire Agreement. This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including Volcon’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

26. Contact Us.

Please direct any questions you may have about the Site, the Services or this Agreement to support@volcon.com, with a subject line of “Website Question.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.

27. Last Modified.

This Agreement was last modified on November 13, 2020.

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