LiveWire.com Terms of Use

Last revised May 2021

These terms and conditions of use (Terms of Use) govern your use of the LiveWire EV, LLC (LiveWire) website (the site). Please also consult our Privacy Policy for a description of our privacy practices and policies, included in these Terms of Use. Compliance with these Terms of Use is a condition to using the site. If you do not agree to be bound by the Terms of Use, promptly exit this site.

These Terms of Use provide that all disputes between you and LiveWire will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO ASSERT OR DEFEND (INCLUDING IN A CLASS ACTION PROCEEDING) your rights under these Terms of Use in court (except for matters that may be taken to a small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR, NOT a judge or jury and your claims may not be brought as a class action. Please review the section below entitled Dispute Resolution, Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with LiveWire.

SITE OWNERSHIP AND CONTENT

Unless otherwise noted all pages on this site and any material made available for download are the property of either LiveWire, Harley-Davidson or any of its affiliates. The site is protected by United States and international copyright and trademark laws. The site content, including without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed or made available for use or downloaded from it (content) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorised or approved by LiveWire and/or Harley-Davidson in writing, including for the provision of services or products to, or in connection with a business relationship with LiveWire or any of its affiliates. You may not frame or utilise framing techniques to enclose, or link to, any name, trademarks, service marks, logo, content or other proprietary information (including images, text, page layout or form) belonging to LiveWire or any of its affiliates without our express written consent. You may view, copy, print and use content contained on this site solely for your own personal use and provided that: (1) the content available from this site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this site may be modified in any way; and (3) no graphics available from this site are to be used, copied or distributed separately from accompanying text or any copyright, trademark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other right granted to use any patent, copyright, trademark or other intellectual property belonging to LiveWire, Harley-Davidson or any of its affiliates or any third party, except as expressly provided herein.

SITE SECURITY

You are prohibited from violating or attempting to violate site security, including, without limitation, (a) accessing data not intended for a user or logging onto a server or an account the user is not authorised to access; (b) attempting to probe, scan or test system or network vulnerability or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with any host or network service, including, without limitation, by introducing a virus to, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the site; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. LiveWire will investigate any occurrences that may involve such violations and may bring in and cooperate with law enforcement authorities in prosecuting users who are involved in them. You agree not to use any device, software or routine to interfere or attempt to do so with the proper function of this site or any activity being conducted on it. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than those available from LiveWire on this site and generally available third party web browsers (eg, Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).

Access to this site is monitored. The URLs and machine originating the request, and the time it is made are logged for access statistics and security purposes. Use of this site constitutes consent to such monitoring. This site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. LiveWire cannot predict or control when such downtime may occur, nor its duration.

SITE ACCESS, INDEMNIFICATION

Certain limited access sections of the site may require a user ID and password (protected areas). You agree to access protected areas using only your user ID and password as provided by LiveWire. You agree to protect the confidentiality of your user ID and password, and not to share or disclose them with or to any third party. Your access to the site may be revoked by LiveWire at any time with or without cause. You agree to defend, indemnify and hold harmless LiveWire, its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation, reasonable attorneys fees) arising from or related to your use of any content downloaded or otherwise obtained from the site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of LiveWire or any other person or entity.

LINKS TO OTHER SITES

This site may contain links to or be accessed through links on world wide LiveWire dealer websites. Dealers are independent contractors and not LiveWire agents. LiveWire is not responsible for the content, availability, operation or performance of independent dealer sites, or any others which may be linked to or accessed from this website. When you access a non-LiveWire site, please understand that it is independent and that LiveWire has no control over its content. In addition, a link to a non-LiveWire website does not mean that LiveWire endorses or accepts any responsibility for its content or use. It is your responsinility to ensure that whatever you select for your use or download is free of viruses, worms, trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to this website, you do so entirely at your own risk.

THIRD PARTY COPYRIGHTS AND TRADEMARKS

The site may include references to third-party trademarks, and copies of third-party copyrighted materials, which are the property of their respective owners. Reference to any third party product, process, publication, service, or offering by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply endorsement or recommendation by LiveWire.

SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE

If you submit, upload, post or transmit any information or files to our site (submissions), you agree not to (1) do so with anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) anything that violates any person or organisation's copyright or intellectual property rights, (3) a virus or any other harmful component, or (4) contact other site users through unsolicited e-mail, telephone calls, mailings or any other communication method. If you submit, upload, post or transmit any feedback or data, such as ideas, concepts, know-how, techniques, processes, comments, suggestions or questions regarding any LiveWire product, service or site content (feedback), such information shall be considered non-confidential, and LiveWire and its affiliates have no obligation of any kind regarding it. By submitting, uploading, posting or transmitting submissions or feedback you are granting LiveWire and its affiliates the irrevocable, perpetual, fully paid, royalty-free license and right to use, reproduce, disclose and distribute them for any purpose whatsoever, including without limitation, developing, marketing and manufacturing products, services and content including such material. You are responsible for making sure all submissions you originate or require are properly backed up so you have ready access to them in the event of loss, corruption or interruption. You agree to defend, indemnify and hold harmless LiveWire and its affiliates, and their respective officers, directors, employees, consultants and agents harmless from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation, reasonable attorneys fees) arising out of or relating to any submissions you post or allow to be posted on the site.

LiveWire does not regularly review posted submissions or feedback, but does reserve the right (but not the obligation) to monitor and edit or remove any such material submitted to the site. You grant LiveWire and its affiliates the right to use the name you submit in connection with any submissions or feedback. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions or Feedback you submit. LiveWire and its affiliates take no responsibility and assume no liability for any submissions or feedback submitted by you or any third party.

INFORMATION ACCURACY AND INTEGRITY, COLOURS

Although LiveWire attempts to ensure the site's integrity and accurateness, it makes no representations, warranties or guarantees whatsoever as to its correctness, accuracy, or content thereon. It is possible that the site may include typographical, inaccuracies or other errors, and that unauthorised additions, deletions and alterations could be made to it by third parties. In the event that an inaccuracy arises, please inform LiveWire so that it may be corrected. Information stored on the site may be changed or updated without notice. LiveWire and its affiliates are additionally not responsible or liable for information or content posted to the site from any non-affiliated third party. We have made significant efforts to accurately display the colours of the products appearing on the site. However, as the colours you actually see depend on your monitor, we cannot guarantee they will be fully accurate. This site may be accessed by users internationally and may contain references or cross references to LiveWire products, programmes and services that are not available or are prohibited in your country. Such references do not imply that LiveWire intends to make available in your country such products, programmes or services or that they may lawfully be used in your country.

WARRANTY DISCLAIMER

LiveWire disclaims all warranties, express or implied, including without limitation, merchantability, fitness for a particular purpose, and noninfringement with respect to this site and the information, graphics and materials contained herein.

LiveWire does not guarantee that site access or use will be uninterrupted or error-free or that defects will be corrected. This site, including any content or information contained within it or any related service, is provided "as is," with all faults, no representations or guarantees of any kind, either expressed or implied, including, but not limited to, implied merchantability, fitness for a particular purpose, information quality, quiet enjoyment, and title/non-infringement. LiveWire specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the site. LiveWire does not guarantee the accuracy, completeness or timeliness of the information obtained through the site.

You assume full responsibility for using this site, related services, and linked sites, and do so at your own risk. LiveWire does not guarantee that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing any procedures sufficient to satisfy your data back up and security needs. You agree that LiveWire shall not be liable for any cost or damage arising directly or indirectly from any such code. You assume full responsibility for using the site and the internet, doing so at your own risk.

LIABILITY LIMITATION REGARDING SITE USAGE

LiveWire and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, data, or business interruptions) arising out of or relating in any way to the site, related services, content or information contained in it, and/or any linked site, whether based on warranty, contract, tort, or any other legal theory and whether or not the possibility of such damages is advised of. Your sole remedy for dissatisfaction with the site, related services, and/or linked sites is to stop using them.

REVISIONS, GENERAL

LiveWire reserves the right to terminate your access to all or part of this site, with or without cause or notice, and at its sole discretion. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between LiveWire and you pertaining to the subject matter hereof. From time-to-time LiveWire may revise these Terms of Use and Privacy Policy by making updates at its sole discretion You should therefore periodically visit this page to review the current Terms of Use and Privacy Policy, so you are aware of any such revisions you may be bound by. Certain provisions of these Terms of Use and the Privacy Policy may be superseded by expressly designated legal notices or terms on particular pages of this site.

DISPUTE RESOLUTION, ARBITRATION AGREEMENT

We will work to resolve any issue you have with the site in good faith. However, we realise that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and LiveWire agree that any dispute, claim or controversy arising out of or relating in any way to your use of the site shall be determined by binding arbitration, rather than in general jurisdiction courts. Arbitration is more informal than bringing a lawsuit to court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court. However, we agree to cooperate with each other for reasonable discovery in light of the issues involved and the claim amount. Arbitrators may award the same damages and relief as a court, but in so doing must apply substantive law regarding damages as if the matter had been brought forward in court, including without limitation, punitive damages law as applied by the United States Supreme Court. By agreeing to these Terms of Use, you agree that the US Federal Arbitration Act governs interpretation and enforcement of this provision, and that both you and LiveWire are waiving the right to trial by jury or participation in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and LiveWire.

If you desire to make a claim against LiveWire, and therefore seek arbitration, you must first send written notice of your claim (notice) to LiveWire, by certified mail. The notice to LiveWire should be addressed to: General Counsel, LiveWire EV, LLC, 3700 W. Juneau Ave., Milwaukee, WI 53208 ("Notice Address"). If LiveWire wishes to make a claim against you and therefore seeks arbitration, it will send a written notice to your most recent address on file or in our records by certified mail. Whether sent by you or LiveWire, a notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (demand). If LiveWire and you do not reach an agreement to resolve the claim within 30 days after the notice is received, either party may commence arbitration proceedings or file a claim in a small claims court. During the arbitration, the amount of any settlement offer made by LiveWire or you may not be disclosed to the arbitrator. You may download or copy a notice or arbitration initiation form from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after LiveWire receives notice that you have commenced arbitration at the address provided, it will promptly reimburse said fee, unless your claim is for more than US $10,000. Arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and administered by the AAA. AAA rules and forms are available online at www.adr.org, by calling AAA at 1-800-778-7879, or by writing to us at the notice address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless LiveWire and you agree otherwise, any arbitration hearings will take place at your billing address county (or parish). (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by AAA rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions the award is based on. If the arbitrator issues you an award greater than LiveWire’s last written settlement offer made before an arbitrator was selected (or if LiveWire did not make an offer before the selection), then LiveWire will pay you the award or US $1,000, whichever is greater. Except as expressly set forth herein, payment of all filing, administration and arbitrator fees is governed by AAA rules. Each party must pay its own costs and attorney fees, if any. However, if any party prevails on a statutory claim that covers their legal costs, or if there is a written agreement providing for fee recovery, the arbitrator may award this under fee shifting standards provided by law.

YOU AND LIVEWIRE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER INDIVIDUALLY, NOT AS A PLAINTIFF OR MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Livewire agree otherwise, the arbitrator may not combine more than one person's claims with yours, and may not otherwise preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking it and only to the extent necessary to provide what is warranted by their individual claim.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Milwaukee, Wisconsin.