Last updated on March 9, 2021
The Lion Electric Company (“Lion” or the “Company”) owns and operates the website located at www.thelionelectric.com (the “Site”). Your use of this Site, as well as the use of any Lion branded mobile application ("Mobile App") on your smartphone or handheld device, are subject to the terms of use set forth below (the “Terms”), which create a legally binding agreement between you and Lion.
By accessing and using the site, the mobile app, the company blogs or downloading any content of the site, you agree to be bound by these terms. If you do not wish to be bound by these terms, do not access the site, use the company blogs, download any content, or use any of the services provided on the site.
These Terms constitute an agreement between you (hereinafter, “you” or “your”) and Lion, a corporation existing under the laws of Quebec, Canada with its head office at 921 chemin de la Rivière-du-Nord, Saint-Jérôme (Québec) J7Y5G2, Canada, in connection with your use of the Site or Mobile App and the services offered through the Site or the Mobile App. Before accessing and using the Site, the Mobile App, the Company blogs or any services offered through the Site or the Mobile App, please carefully read these Terms and our Privacy Notice.
If you have any questions about these Terms, you may contact us via the “Contact Us” webpage accessible here.
Use of our Site and Mobile App
You agree that:
- You will not attempt to interfere or will not interfere in any way with the Site's networks, the Mobile App’s network, or related network security, or attempt to use the Site's service or Mobile App’s service to gain unauthorized access to any other computer system;
- You will not use the Site or Mobile App to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity;
- You will not use the Site or Mobile App to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, provincial, national or international law or regulation.
We may impose rules for, and limits on, use of the Site or Mobile App, or restrict your access to the Site or Mobile App, in whole or in part.
External links
The Site will allow you to link to websites that are not controlled or maintained by Lion, (“Linked Sites”) and the Company is not responsible for the content of any Linked Sites. The Company makes no representation, warranty or endorsement whatsoever about the content of Linked Sites. It is your responsibility to ensure that any Linked Sites you choose to use are free of destructive items such as viruses, and to review the privacy policies which may apply to these Linked Sites.
Informational purposes only
The materials on the Site, which may include text, images, audio clips, software and other materials (the “Content”), are provided for informational purposes only. We reserve the right to make corrections and changes to the Site or Mobile App at any time without notice. We may also terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, hours of availability of the Site, and we will not be liable to you or to any third party for doing so.
You assume all responsibility and risk with respect to your use of the site or mobile app, which is provided “as is.” to the maximum extent permitted by applicable law, we disclaim all warranties, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site or mobile app including, without limitation, all content and materials, and functions and services provided on the site or mobile app, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, security, completeness, use of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the site or mobile app, or their functions or content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the site or mobile app will meet users' expectations or requirements. No advice, results, information or materials, whether oral or written, obtained by you through the site or mobile app shall create any warranty not expressly made herein. If you are dissatisfied with the site or mobile app, your sole remedy is to discontinue using the site or mobile app. Any material downloaded or otherwise obtained through the use of the site or mobile app is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material.
In no event shall lion, its affiliates, any of their respective directors, officers, employees, agents or respective content or service providers, be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence, fault or otherwise) (collectively, “damages”) arising from or in any way related to the use of, or the inability to use, or the performance of the site or mobile app and the content or materials or functionality on or accessed through the site or mobile app including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damages, whether tangible or intangible in nature, even if lion or its affiliate or their respective representative or such individual has been advised of the possibility of such damages.
Intellectual Property
The Site and the Mobile App, including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), are the property of Lion or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the Site, the Mobile App or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App, in whole or in part, for any public or commercial purpose without the specific prior written permission of Lion. We grant you a personal, limited, non-exclusive, non-transferable, non sub-licensable license to access the Site and/or Mobile App and to use the information and services contained on the Site or Mobile App.
As between you and Lion (or any other person or company whose marks appear on the Site and/or Mobile App), Lion (or the respective person or company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site or Mobile App, and is the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated. The Lion logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Lion Intellectual Property”) are owned by Lion and may be registered in Canada and internationally. You agree not to display or use the Lion Intellectual Property in any manner without Lion's prior permission. Nothing on the Site or Mobile App should be construed to grant any license or right to use any Lion Intellectual Property without the prior written consent of Lion.
Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site or Mobile App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by Lion. If you make use of the Site or Mobile App, other than as provided herein, in doing so you may violate copyright and other laws of Canada, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site or Mobile App including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
Lion makes no claim that the Site or Mobile App may be lawfully viewed or that content may be downloaded outside of Canada and the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Mobile App from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
Registration
To access some of our services, you may have to create an account. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.
Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site or Mobile App. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all activities conducted through your account and agree to and hereby release Lion, its affiliates, their respective content and service providers and their respective directors, officers, employees and agents from any and all liability concerning such activities. Lion has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. Lion will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities to the extent permitted by law.
Indemnification
You agree to defend, indemnify and save and hold Lion, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site or Mobile App, your violation of these Terms or the posting or transmission of any materials on or through the Site or Mobile App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Binding Nature, Assignment
These Terms are binding on you and us and on our respective heirs, successors and permitted assigns and, as indicated herein, are for the benefit of Lion, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms, or any of our rights or obligations arising under them, at any time without your consent.
Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Right to Modify These Terms
We have the right to revise and amend these Terms at any time, at our sole and absolute discretion. You will be subject to the Terms in force at the time that you use the Site or Mobile App. Your use of the Site or Mobile App after we post changes to these Terms constitutes your agreement to those changes from the date of such changes. You will be subject to the Terms in force at the time that you use the Site.
Law and Jurisdiction
Any disputes arising out of or relating to these Terms, the use of the Site or the Mobile App, and the services offered via the Site or the Mobile App shall be resolved in accordance with the laws of the Province of Quebec without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms or your access to or use of the Site or the Mobile App must be brought before the courts of the Province of Quebec in the City of Montreal, Quebec and you irrevocably consent to the exclusive jurisdiction and venue of such courts.