Effective Date: March 24, 2025 – Last Updated: March 24, 2025
Kaliber Motors, Inc. (“Kaliber,” “we,” “us,” or “our”) operates the www.kalibermotors.com website (the “Site”). These Terms of Use (the “Terms”) apply to the Site and to any other website or application offered by us that references or links to these Terms (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms, which are designed to ensure a safe, transparent, and mutually beneficial experience for all users.
Kaliber offers electric vehicles, parts, and accessories. These Terms govern your use of the Services, including the purchase and use of our products. Please note that these Terms are in addition to any other agreements you may have with Kaliber and do not replace or supersede such agreements.
We strongly encourage you to read these Terms and Conditions carefully before accessing or using the Services to understand your rights and responsibilities.
BY ACCESSING OR USING THE SERVICES OR VISITING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR VISIT OUR SITE.
PLEASE NOTE: THESE TERMS INCLUDE IMPORTANT LEGAL PROVISIONS THAT LIMIT OUR LIABILITY AND REQUIRE THE RESOLUTION OF DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU WAIVE THE RIGHT TO FILE OR JOIN CLASS ACTION CLAIMS. MORE DETAILS CAN BE FOUND BELOW.
1. Account
If you reserve a vehicle, you will need to create an account with us. By creating an account, you represent that the information you provide is truthful, accurate, complete, and current, and that it always complies with these Terms. Providing false or misleading information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account information and for restricting access to your account. Any activities conducted through your account, including those by others with access to your account, will be considered your responsibility.
2. Use of Our Services
The Services are intended solely for your personal, lawful use. Unless expressly permitted by these Terms, you are prohibited from copying, reproducing, distributing, transmitting, displaying, performing, publishing, modifying, adapting, creating derivative works from, selling, or otherwise exploiting any part of the Services or any content, information, software, products, or services offered through the Services. Unauthorized use of the Services for illegal purposes, or for the solicitation of activities that infringe upon our rights or the rights of others, is strictly forbidden.
Kaliber Motors retains all rights to the Services and related content. By accessing and using the Services, you agree to comply with these Terms. Unauthorized activities such as reverse engineering, distributing content without authorization, or any misuse of the Services may result in legal penalties in accordance with applicable laws and regulations.
2. Prohibited Uses
You may not:
(a) Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Services or any portion thereof;
(b) Attempt to gain unauthorized access to the Services, any content accessible via the Services, or any other system, network, or platform connected to the Services;
(c) Use any automatic device, program, algorithm, or methodology, or engage in any form of data harvesting, unsolicited communication (email, phone calls, or mail), or techniques such as spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar process to access, acquire, copy, or monitor any portion of the Services or any content on the Services;
(d) Reverse lookup, trace, or attempt to trace any information of other users or visitors of the Services to its source.
You agree that you will not use the Services in any way that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by the Services.
You agree not to use the Services to violate any applicable law, rule, or regulation, nor encourage or enable others to violate any applicable law, rule, or regulation.
4. Privacy
In addition to these Terms, please review our Privacy Policy, which is fully integrated into and forms part of these Terms. If you provide contact details for any third party through the Services, you affirm and guarantee that you possess all required rights and authorizations to share such information with us and to allow us to use it appropriately. You are solely responsible for ensuring that these rights and permissions have been obtained, and we disclaim any responsibility for securing them on your behalf.
5. Intellectual Property
The Services and all content, materials, and intellectual property contained within the Services, including but not limited to graphics, interfaces, trademarks, logos, text, images, and software, are either owned by Kaliber Motors or licensed to us. All rights, titles, and interests in and to the Services and the content are reserved by us and our licensors, except as expressly granted to you under these Terms.
You may not copy, modify, reproduce, distribute, transmit, display, perform, create derivative works from, or exploit any part of the Services, its content, or materials without our prior written consent. Any unauthorized use of the Services or its content may result in the immediate termination of your access to the Services and may subject you to legal action, including claims for infringement of intellectual property rights.
6. Feedback
We value your feedback, comments, and ideas regarding the Services (“Feedback”). By submitting Feedback to us, you grant Kaliber Motors a perpetual, irrevocable, worldwide, royalty-free, and fully transferable license to use, reproduce, modify, distribute, publish, translate, display, perform, and create derivative works from the Feedback. This license is granted without compensation, acknowledgment, or limitation. We may use your Feedback for any purpose, including but not limited to improving, developing, or promoting the Services.
You also represent and warrant that you have all necessary rights and permissions to provide such Feedback and that it does not violate or infringe upon the rights of any third party.
7. Third-Party Offerings
You may choose to connect third-party devices or services (“Third-Party Offerings”) to the Services. Your use of any Third-Party Offering is entirely at your discretion and subject exclusively to the terms and conditions set by the applicable third party. Kaliber Motors does not provide, control, or assume responsibility for any Third-Party Offerings, and your engagement with them is solely at your own risk.
We expressly disclaim any liability regarding the functionality, security, data practices, or compliance of Third-Party Offerings. Any links to or compatibility with third-party services are provided for convenience and do not imply endorsement of their policies, practices, or terms. We strongly encourage you to carefully review the applicable terms of use, privacy policies, and other relevant documentation before using any Third-Party Offering.
Your use of a Third-Party Offering does not entitle you to any rights to access, download, or purchase that service unless explicitly authorized by its provider. To the fullest extent permitted by law, you agree that Kaliber Motors is not responsible for any issues, damages, or claims arising from your use of Third-Party Offerings.
8. Electronic Communications Consent
By agreeing to these Terms, you expressly consent to receive all notices, disclosures, documents, and other communications (“Communications”) related to our services in electronic form. We retain the exclusive right, at our sole discretion, to discontinue electronic delivery of Communications and provide them in an alternative format when deemed necessary.
Your consent establishes that electronic Communications shall carry the same legal effect, validity, and enforceability as Communications provided in physical form. While we are under no obligation to furnish paper copies, we reserve the right to do so at our discretion.
To access, review, and retain these Communications, you must have an internet-enabled device, an active email address, and sufficient storage or printing capabilities for record-keeping purposes.
You may withdraw your consent to receive non-essential Communications electronically by following the opt-out instructions contained within such Communications. However, withdrawal of consent shall not affect the legal validity, enforceability, or admissibility of any Communications previously delivered in electronic form.
9. Updates and Changes to Specifications
Kaliber Motors reserves the right to modify, change, update, or discontinue product specifications, features, or designs at any time without prior notice. Such changes may be made at our sole discretion and in compliance with applicable laws and regulations.
In the event of a material change, such as a significant alteration to performance or core functionality that affects the intended use of a purchased product, Kaliber Motors will work with customers to assess potential resolutions on a case-by-case basis. While we are not obligated to provide prior notice, reasonable efforts will be made to notify affected customers when possible.
Kaliber Motors remains committed to addressing any concerns related to product modifications fairly and transparently.
10. Limitation of Warranties
Your use of Kaliber Motors’ Services is entirely at your own risk. The Services, including all materials, content, features, and links, are provided on an “as is” and “as available” basis. Kaliber Motors disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, data accuracy, and system compatibility.
Kaliber Motors does not guarantee that the Services will function without interruptions, defects, errors, or harmful components, such as viruses. We make no guarantees or representations about the accuracy, completeness, availability, or reliability of the Services or the results derived from using them.
If you are dissatisfied with the Services, your sole remedy is to discontinue their use. Kaliber Motors disclaims responsibility for any loss, damage, or interruption arising from the use of the Services.
Furthermore, we shall not be held liable for any indirect, incidental, consequential, special, or punitive damages related to the Services, to the extent permitted by law.
We reserve the right, at our sole discretion, to modify, suspend, or terminate access to the Services at any time, for any reason, and without prior notice. Kaliber Motors will endeavor to provide notice of significant changes when feasible.
Some jurisdictions may limit the exclusion of certain warranties or statutory rights; therefore, some of these disclaimers and limitations may not apply to you.
Kaliber Motors further disclaims any liability for interruptions, errors, or damages resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, or technical failures
11. Indemnification & Hold Harmless
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Kaliber Motors, its licensors, affiliates, officers, directors, employees, agents, successors, assigns, and other users of the Services from and against any and all claims, losses, damages, liabilities, penalties, fines, actions, suits, judgments, costs, or expenses of any kind (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (1) Your use or any third party’s use of your account or the Services, including, but not limited to, any unauthorized access or misuse; (2) Your breach of these Terms of Service or any applicable laws, regulations, or third-party rights, or any failure to comply with any provision herein; (3) Your violation of any intellectual property rights or other proprietary rights of any third party; (4) Your content, data, or any other information you submit, transmit, or otherwise make available through the Services; and (5) Any negligent, wrongful, or illegal conduct in connection with your use of the Services, whether by you or any person accessing the Services through your account.
This indemnity obligation will survive the termination or expiration of these Terms. Kaliber Motors reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as required.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Kaliber Motors, its licensors, affiliates, officers, directors, employees, agents, successors, assigns, and other representatives (collectively, “Kaliber Motors and Related Parties”) shall not be liable for any damages arising out of or related to your use of the Services. This includes, but is not limited to, indirect, consequential, incidental, punitive, or exemplary damages, such as lost profits, data loss, business interruptions, personal injury, or any damages resulting from service unavailability, defects, or inaccuracies.
Direct damages shall be limited to an aggregate amount not exceeding fifty dollars ($50). These limitations apply regardless of the form of action, whether based on contract, tort (including negligence), or otherwise, even if such damages were foreseeable or Kaliber Motors and Related Parties were advised of their possibility.
Any claim or cause of action related to the Services must be filed within one (1) year from the date it arose, or it will be permanently barred. Certain jurisdictions may not allow some liability exclusions or limitations; in such cases, these terms shall apply to the fullest extent permissible under applicable laws.
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
13. Dispute Resolution & Arbitration
To the fullest extent permitted by law, any controversy or claim arising out of or related to these Terms, including the interpretation, application, or alleged breach thereof, shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at: https://adr.org/sites/default/files/Consumer%20Rules.pdf.
Before commencing arbitration, the initiating party must provide the other party with a written notice of the claim at least thirty (30) calendar days in advance, allowing both parties to attempt in good faith to resolve the issue amicably. If the matter is not resolved within the thirty (30) days, either party may proceed with arbitration. The parties shall bear their own costs in the arbitration, including attorneys’ fees, unless the arbitrator determines that one party should bear the costs of the arbitration.
The arbitrator will have the authority to decide all issues of arbitrability. The arbitration will be conducted on an individual basis only, and not as part of a class or representative action. You and Kaliber Motors expressly waive any right to participate in or bring a class action or class-wide arbitration.
If the class-action waiver in this provision is deemed unenforceable, or if arbitration may proceed on a class basis, the agreement to arbitrate shall be null and void, and any such dispute must be brought exclusively in a court of competent jurisdiction located in Orange County, California, United States. Both parties consent to venue and personal jurisdiction in that location.
Notwithstanding the above, Kaliber Motors reserves the right to seek judicial relief to protect its intellectual property rights or enforce an arbitral award in any court of competent jurisdiction.
Any claims must be brought within one (1) year from the date the claim arose or be permanently barred, unless otherwise prohibited by applicable law.
14. Governing Law & Venue
These Terms, including the arbitration provisions, and the relationship between you and Kaliber Motors, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. You agree to submit to the personal jurisdiction and venue of the courts located in Orange County, California, United States, for any legal proceedings related to these Terms.
15. Jurisdictional Issues
The Services are operated from the United States, and Kaliber Motors makes no representation or warranty that the Services, including any content or information available through them, are appropriate or accessible for use outside the United States. Access to the Services from jurisdictions where such content or activities may be illegal is strictly prohibited. If you choose to access the Services from outside the United States, you do so at your own initiative and are solely responsible for ensuring compliance with all applicable local laws and regulations. Kaliber Motors shall not be held liable for any consequences arising from your access to or use of the Services in violation of local laws.
16. Changes to Terms
Kaliber Motors reserves the right, at its sole discretion, to update, modify, or replace these Terms at any time. Any changes will be posted on our website and will become effective immediately upon posting, unless otherwise specified. By continuing to use the Services after changes are posted, you acknowledge and agree to the revised Terms. We encourage you to periodically review these Terms to stay informed about any updates. Your continued use of the Services following the posting of changes constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must discontinue use of the Services.
17. Copyright
If you believe that your copyright, intellectual property, or privacy rights have been infringed by content accessible through our Services, please contact Kaliber Motors immediately. Provide a detailed written notice specifying the nature of the alleged infringement and relevant supporting information, including: (1) Your contact details (name, email address, and phone number); (2) A description of the intellectual property or rights you believe have been violated; (3) The location or link to the content in question; (4) A statement affirming that you have a good faith belief that the use of the material is unauthorized. You can submit your notice by email to: support@kalibermotors.com.
Kaliber Motors takes intellectual property concerns seriously and will respond promptly to address any issues in accordance with applicable laws.
18. Entire Agreement; No Waiver
These Terms, together with the Privacy Policy, as updated from time to time, represent the complete and exclusive agreement between you and Kaliber Motors regarding your use of the Services, superseding all previous agreements, communications, and representations, whether written or oral, regarding the Services. No conduct, practice, or customary behavior between the parties shall alter or amend these Terms. Any failure or delay by either party to exercise any right or enforce any provision of these Terms will not waive such rights or provisions. A partial or single exercise of any right under these Terms does not prevent future use of that right or any other rights. You are not permitted to assign, transfer, or delegate any rights or obligations under these Terms without prior written approval from Kaliber Motors. However, Kaliber Motors may assign or transfer its rights and responsibilities under these Terms at its discretion. Any unauthorized transfer or assignment by you will be considered invalid.
19. Severability
If any provision of these Terms is determined to be unenforceable, invalid, or illegal under applicable law, that provision shall be deemed severable and shall not affect the validity, enforceability, or legality of the remaining provisions. The remaining provisions shall continue in full force and effect as if the unenforceable provision had never been included.
20. Contact Us
If you have any questions, concerns, or inquiries regarding these Terms or the Services, you may contact Kaliber Motors by email at: support@kalibermotors.com. We will respond promptly and address your concerns in accordance with applicable policies and procedures.
