Terms of Use
Last updated: February 24, 2023
These terms of use are entered into between you and Microvast Holdings, Inc. (referred to herein, together with its subsidiaries and affiliates, as “Microvast”, “our”, “we” or “us”) together with any documents expressly incorporated by reference herein (collectively, these “Terms of Use”), that govern your access to and use of our websites, including, but not limited to, www.microvast.com and www.microvastenergy.com, including any content, functionality and services offered on or through them (collectively, the “Website”). Please read the Terms of Use carefully before using the Website.
BY USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND ANY DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE HEREIN, INCLUDING, WITHOUT LIMITATION, OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
These Terms of Use do not govern your use of any products or services that may be offered by Microvast or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions.
1. Basic Terms of Use
The Website has been prepared to provide information about Microvast and the products and services it offers. The Website has been compiled in good faith by Microvast. However, no representation is made as to the completeness or accuracy of any information stated on the Website. Such information may be incomplete, contain errors or may have become outdated. Microvast reserves the right to add, modify or delete any information on the Website at any time but expressly disclaims any obligation to do so.
The Website is constantly evolving, and the form and nature of the Website may change from time to time without prior notice. In addition, Microvast may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or users generally and may not be able to provide you with prior notice.
You are responsible for your own use of the Website and for any consequences thereof. You may use the Website only if you can form a binding contract with Microvast and are not a person barred from receiving services under applicable law. If you are under 18 years of age, you may only use the Website under the direct consent and supervision of your parent or legal guardian. Anyone under 16 years of age may not use or access the Website for any reason. Please contact us if you know a person under 16 years of age is using the Website. If you are accepting these Terms of Use and using the Website on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.
The Website may include advertisements. In consideration of Microvast granting you access to and use of the Website, you agree that Microvast or third-party providers and partners may place such advertisements on the Website. The type and extent of advertising on the Website are subject to change at Microvast’s sole discretion.
2. Linking Policy
The Website may contain links to other websites which may provide information of interest to you. Links to such websites are provided as a convenience. Their content may be accessed and used by you solely as permitted by the owner of such websites and in accordance with the terms of use for such websites.
3. Use of Materials on the Website
You may access, copy, download and print the information on the Website for personal, non-commercial use, educational use or to promote or use our products and services. In consideration of being granted the right to access and use the Website, you agree that your use shall comply with these Terms of Use. Any other use of the content contained on the Website, such as publication or distribution, is prohibited unless express prior written permission is obtained from Microvast.
All rights, title and interest in and to the Website are and will remain the exclusive property of Microvast. The Website is protected by copyright, trademark and other laws in both the United States and foreign countries. “MICROVAST” and all associated names, logos, product and service names, designs and slogans displayed within the Website are our trademarks. You must not use such marks without the express prior written permission of Microvast. Microvast reserves all rights not expressly granted in these Terms of Use. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Microvast or the Website are entirely voluntary. We will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You are granted permission to display the materials on the Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within the Website without our express prior written permission. Except as stated herein, none of the Website’s content may be reproduced, distributed, modified, published, displayed, downloaded, stored or transmitted in any form by any means without our express prior written permission or the consent of the applicable copyright owner. Microvast does not grant you any licenses, express or implied, to the intellectual property of Microvast or its licensors, except as expressly stated in these Terms of Use.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
4. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree that you will not: (i) use the Website in any way that violates any applicable federal, state, local or international law; (ii) use the Website to transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (iii) use the Website to impersonate or attempt to impersonate any other person or entity; (iv) use the Website to corrupt or misuse any data or personal information that may be submitted to or accessed through the Website; (v) use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website which, as determined by us in our sole discretion, may harm Microvast or users of the Website or expose them to liability; (vi) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (viii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website; or (ix) otherwise attempt to interfere with the proper working of the Website.
Microvast reserves the rights to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and to terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY WAIVE AND HOLD HARMLESS MICROVAST AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
5. Information about you and your visits to the Website
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Safe Harbor Statement
The materials on the Website may contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, statements about future financial and operating results, our plans, objectives, expectations and intentions with respect to future operations, products and services; and other statements identified by words such as “will likely result,” “are expected to,” “will continue,” “is anticipated,” “estimated,” “believe,” “intend,” “plan,” “projection,” “outlook” or words of similar meaning. These forward-looking statements may include, but are not limited to, statements regarding Microvast’s industry and market sizes, future opportunities for Microvast and the combined company and Microvast’s estimated future results. Such forward-looking statements are based upon the current beliefs and expectations of our management and are inherently subject to significant business, economic and competitive uncertainties and contingencies, many of which are difficult to predict and generally beyond our control. Actual results and the timing of events may differ materially from the results anticipated in these forward-looking statements.
The reports filed by Microvast with the Securities and Exchange Commission and listed on the Website speak only as of the respective dates on which they are filed or used by Microvast. The contents of those reports can become out-of-date. Microvast makes no commitment and expressly disclaims any duty to update any of those reports.
7. Term and Termination
These Terms of Use are effective as of the date of your first access or use of the Website and shall remain in effect for the duration of your access or use. Your right to access and use the Website shall automatically terminate upon your breach of these Terms of Use.
8. International Use
The Website is controlled and operated by Microvast from within the United States. Microvast makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to and use of the Website from locations where such activity is illegal is prohibited. Those who choose to access or use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
9. U.S. Government Restricted Rights
The content of the Website is provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
10. Amendments
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
11. Applicable Law
The laws of the State of Texas shall govern the interpretation and application of these Terms of Use. By accessing and using the Website, you agree that all legal claims or disputes arising from your use of the Website shall be exclusively filed in the courts of the State of Texas located in Fort Bend County, Texas and you hereby consent to the jurisdiction of such courts and waive any objection to such venue. These Terms of Use may not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealing not explicitly made a part of these Terms of Use.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. Waiver; Severability; Headings
The failure of Microvast to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
13. Disclaimer of Warranties; Limitation of Liability
You understand and acknowledge that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER MICROVAST NOR ANY PERSON ASSOCIATED WITH MICROVAST MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MICROVAST NOR ANYONE ASSOCIATED WITH MICROVAST REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IN NO EVENT SHALL MICROVAST OR ANY PERSON ASSOCIATED WITH MICROVAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA ARISING FROM YOUR ACCESS OR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF MICROVAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE.
14. Indemnity
You agree to indemnify and hold Microvast and its officers, directors, employees, shareholders, predecessors, successors in interest and agents harmless from any demands, losses, liabilities, claims or expenses (including attorneys’ fees) made against such parties by any third party due to or arising out of or in connection with your use of the Website, including but not limited to any use of the Website’s content, information, services or products other than as expressly authorized in these Terms of Use.
15. Entire Agreement
These Terms of Use are the entire and exclusive agreement between you and Microvast with respect to the Website (excluding any services for which you have a separate agreement with Microvast that is explicitly in addition or in place of these Terms of Use). These Terms of Use supersede and replace all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, agreements between you and Microvast with respect to the Website.
16. Contact Us
The Website is operated by Microvast Holdings, Inc. (12603 Southwest Fwy, Suite 300, Stafford, Texas 77477). If you have any questions, comments or feedback regarding the Website or products and services offered by Microvast, please contact us at [email protected].
