TERMS & CONDITIONS

Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Saleen Automotive, Inc (“Saleen”, “our” or “we”), including but not limited to the Saleen website(s), as well as any online features, services and/or programs offered by Saleen (collectively, the “Website”).

These Terms are not applicable to any other web pages operated and/or owned by any entity other than Saleen, including, but not limited to, any automobile dealership or service center. Users of the foregoing resources should refer to the Terms and Conditions in effect for the applicable owner.

By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.

1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, Saleen does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) Saleen has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.

2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Saleen. We may make changes to the Website and/or to the services described in these Terms at any time and without further notice to you. We will make an effort to update this web page with any changes to the services described in these Terms.

3.USER ACCOUNT, PASSWORD AND SECURITY. When and if User Accounts are used in connection with the Website, the following shall apply.

(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Saleen of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Saleen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.

4.DISCLAIMERS.

(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Saleen DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Saleen WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF Saleen AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Saleen and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Saleen, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

5. LIMITATION OF LIABILITY. IN NO EVENT WILL SALEEN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF Saleen WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

6. NO OFFER TO SELL OR LEASE. The Website does not constitute an offer for the sale or lease of any particular vehicle. Distributors and dealers are not agents of Saleen and have absolutely no authority to bind Saleen by any express or implied undertaking or representation. The purchase of any Saleen vehicle shall be subject to the terms and conditions of the applicable sale or lease contract. Actual dealer price may vary. The Website shall not be used or relied upon by you as a substitute for information that is available from an authorized Saleen dealer.

7.FUEL ECONOMY ESTIMATES. All fuel economy figures are based on US Environmental Protection Agency (EPA) calculations and are those published by the US EPA. Fuel economy figures have been calculated using the same test cycle as used for official exhaust emission classification. Under normal use, a vehicle’s actual fuel consumption figures may differ from those achieved through the applicable test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition. If you have any questions about fuel economy figures, please consult your dealer.

8. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Saleen’s Privacy Policy.

9.THIRD PARTY CONTENT.

(a) Saleen may provide hyperlinks to other websites maintained by third parties, or Saleen may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER SALEEN’S CONTROL AND SALEEN IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Saleen. In most cases, Saleen is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Saleen’s Content; (ii) may not create a browser, border environment or frame Saleen’s Content; (iii) may not imply that Saleen is endorsing it or its products or services; (iv) may not misrepresent its relationship with Saleen; (v) may not present false or misleading information about Saleen’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.

10. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are either (a) Saleen’s, or its subsidiaries’ or affiliates’, or (b) another party’s, registered and unregistered trademarks. Saleen is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Saleen, or its subsidiaries or affiliates, that may be referred to on the Website are the property of Saleen, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Saleen’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Saleen’s prior written permission. Saleen aggressively enforces its intellectual property rights. Neither the name of Saleen, its subsidiaries or affiliates, nor any of Saleen’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Saleen’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 9(b) above may use the names “Saleen” in or as part of that link.

11. SUBMISSIONS. If you send, transmit, post, email or otherwise convey to Saleen, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), subject to Saleen’s Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant Saleen and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to Saleen and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to Saleen that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Saleen and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.

12. AVAILABILITY. Information that Saleen publishes on the Website may contain references or cross-references to products, programs or services of Saleen, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that Saleen, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Saleen for information regarding the products, programs and services that may be available to you, if any.

13. COPYRIGHT COMPLAINTS. Saleen owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of Saleen. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Saleen will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by electronic mail to the Saleen Copyright Agent at brandenforcement@saleen.com or by certified mail and marked “Copyright Infringement” to: Saleen Automotive, Inc, 2735 Wardlow Rd., Corona, CA 92882, Attn: Copyright Agent.

14. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Saleen, to its partners, to the business of the Website’s Internet service provider, or to other information providers.

15. GOVERNING LAW. These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of California, Orange County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

16. LOCAL LAWS. Saleen makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. The Website is intended to users in the United States only. For information about the Saleen websites for users in other countries, please visit www.saleen.com. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Saleen is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

17. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to Saleen’s Privacy Policy.

18. CAUTIONS REGARDING FORWARD-LOOKING STATEMENTS. Internet pages, investor relations releases, outlooks, presentations, audio and video files of events (live or recorded) and other documents on these internet sites contain among other things forward-looking statements that reflect management’s current views with respect to future events. The words “anticipate”, “assume”, “believe”, “estimate”, “expect”, “intend”, “may”, “plan”, “project” and “should” and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties, including, but not limited to: changes in currency exchange rates, interest rates and in raw material prices; introduction of competing products; increased sales incentives; and decline in resale prices of used vehicles.

Your Consent To This Agreement

By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know.