SINGER GROUP, INC. TERMS & CONDITIONS

SINGER TERMS OF USE PLEASE READ THESE TERMS OF USE “TERMS” CAREFULLY BEFORE USING ANY SINGER PLATFORM. BY ACCESSING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE. Welcome to the Singer community! You are reading these Terms because you are using a website owned, operated, and maintained by or on behalf of Singer Group, Inc. and/or its subsidiaries (collectively “Singer”). You may access the website through a computer, mobile phone, tablet, or other device. Your carrier’s normal rates and fees apply to your device. Singer may, at any time and without notice, amend these Terms, or may limit or deny access to, or change the content of, the website. You should periodically visit this page to review the then current Terms to which you are bound. These Terms are applicable to all Singer websites. Trademarks Singer, Singer Vehicle Design, Singer Reimagined, “Everything Is Important”, and Singer product names, model numbers, logos, commercial symbols, trade names and slogans are trademarks and the distinctive designs of Singer products are trade dress and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing on this website without the express prior written consent of Singer, except as permitted by applicable laws. Other marks and logos shown on this website may be marks owned by third parties not affiliated with Singer and are used with permission. Nothing shown on this website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this website without the written permission of Singer or the third-party owner. The use of any Singer logo or mark, whether registered or unregistered, as a hyperlink to this website or any other Singer website is strictly prohibited unless consented to in writing by Singer. Ownership of Content All of the content on our website including text, software, script, code, design, graphics, photos, sound, video, articles, and all other content are owned by Singer or others we license content from (“Content”), and are protected by copyright, trademark, patent, and other laws. All Content may not be used in any manner, except as provided in these Terms or in the website text, without Singer’s prior written permission. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes. You may browse this website and download or print a copy of content displayed on the website for your personal use only and not for redistribution, unless consented to in writing by Singer. To the extent Singer approves the download or use of Content comprised of copyrights or copyrightable works, Singer grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Singer makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Singer reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Singer reserves the right to take down any Content in violation of these terms or Singer’s intellectual property rights. Singer allowing you this limited use does not constitute a waiver of any of Singer’s rights to the Content. Outside of the specific usage rights granted to you by Singer in connection with the website, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without Singer’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties. This limited consent shall automatically terminate upon your breach of any of these website Terms. User Submissions Any communication or material you transmit to the website (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) will be treated as non-confidential and non-proprietary. All materials transmitted to the website becomes the property of Singer and may be used for any purpose. Singer may publish the material and/or incorporate it or any concepts described in it in our products without compensation, restrictions on use, acknowledgment of source, accountability, or liability. Disclaimers Not all information on this website may be current and Singer does not guarantee the accuracy or reliability of such data. Specifications on the website are for comparison purposes only; specifications, standard equipment, options and pricing are subject to change without notice. Some options shown throughout this website may be unavailable when your car is restored. Singer recommends seat belt usage and observance of traffic laws at all times. This website is provided as a convenience to you on an “as is” and “as available” basis. Singer does not warrant that your access to these website pages will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SITE PAGES. SINGER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF SINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Singer assumes no responsibility and/or liability for any damages to or viruses that may infect your computer equipment or other property on account of or arising out of your use of or access to this website. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Singer’s liability in any case shall, however, be limited to the greatest extent permitted by law. Links Singer may include links to other sites on the Internet that are owned or operated by third parties, including authorized Singer dealers. When visiting these third-party sites, you do so at your own risk. You should review and determine if you agree to a particular site’s terms and conditions of use before using such site. Singer does not control these sites and assumes no responsibility for their content. A link to a non-Singer site does not imply that Singer endorses the site or the products or services described on such sites. Indemnity You agree to defend, indemnify, and hold harmless Singer and its affiliates, successors and assigns, and its and their directors, officers, employees, agents or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Singer arising out of or relating to your use of the website, your violation of these Terms, or your violation of any rights of another. Limitation of Liability EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL SINGER OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL SINGER OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO SINGER PURSUANT TO THESE TERMS. This extends to your downloading, uploading or submission of any materials, data, text, images, video or audio from or to this Site, including but not limited to any issues caused by viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. In the event of any problem with this website, you agree that your sole remedy is to cease using the website. Governing Law This website is governed by and subject to the laws of the State of Delaware and, where applicable, U.S. federal law. Binding Arbitration To the fullest extent permitted by applicable law and except for small claims or if you choose to opt-out as provided below, you and Singer agree to resolve any claims, demands, disagreements, or disputes between us whether based in contract, tort, statute or otherwise arising from or related to these Terms or our relationship, including advertising and other communications between you and Singer and Singer’s Products or Services by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, unless you and we agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit: www.adr.org. If the AAA Consumer Arbitration Rules conflict with this Agreement, then this Agreement shall control. You and we understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court. Confidentiality Unless otherwise prohibited by federal or state law or regulation, any arbitration, and any award issued in an arbitration, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award). Initial Dispute Resolution Requirement Most disputes can be resolved without resort to arbitration or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate arbitration or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us [email protected] and provide a brief, written description of the Dispute and your contact information (including your contract number, if you have one). We will contact you at your contact information on file with Singer. You and Singer agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration. Filing a Demand for Arbitration If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration. In order to initiate arbitration, you must file an arbitration demand with AAA. You can find information about AAA and file your arbitration demand at https://www.adr.org/support. You are also required to send a copy of the arbitration demand to us and you should send it by email to: [email protected]. Fees & Costs AAA’s Consumer Arbitration Rules will govern the allocation of arbitration fees and costs between you and Singer. However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, Singer will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if s/he finds that applicable law allows such reimbursement because your claims were frivolous or brought in bad faith. You are responsible for your own attorneys’ fees unless applicable law provides otherwise. Arbitration Location and Procedure Arbitration shall be initiated and take place in the city or county of your residence unless you and Singer agree otherwise, or, if you reside outside of the United States, in Los Angeles, California. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Singer submit to the arbitrator. If your claim exceeds $25,000, you and Singer may agree to conduct arbitration by videoconference or teleconference or conduct a document-only arbitration without any hearing. Applicable Law This Dispute Resolution – Arbitration and Class Action Waiver, its subject matter, formation and enforceability will be governed by the Federal Arbitration Act as interpreted by the federal courts, and not any state law regarding arbitration. Arbitrator’s Powers The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Section, including but not limited to any claim that all or any part of this Section is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. However, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. The arbitrator shall be empowered to grant whatever relief would be available to you in your individual capacity in a court under law or in equity, including public injunctive relief. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Class Action Waiver The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SINGER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR SINGER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court or arbitrator finds this Class Action Waiver provision to be unenforceable as to a particular class or representative action, then this entire Dispute Resolution – Arbitration and Class Action Waiver Section shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration. Small Claims Court Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum. Opt-Out Right You may opt-out of this Dispute Resolution – Arbitration and Class Action Waiver Section within 30 days from the date you electronically sign this Agreement (your acceptance of these Terms provides your electronic signature to this Agreement), by sending an email to [email protected]. You agree that any request will not apply to subsequent agreements between you and Singer unless the other agreement provides an option to opt out and you follow the requirements outlined in that agreement. Severability Except as provided in the Class Action Waiver Section above, if any competent legal authority determines any part of this Dispute Resolution – Arbitration and Class Action Waiver Section is illegal or unenforceable, then such part will be eliminated and the remainder of this Dispute Resolution – Arbitration and Class Action Waiver Section will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable. Survival This Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or your relationship with Singer, including the end of any promotion or contest, opt-out of communication or other use or participation in any Singer Product or Service.

Personal Information Categories & Examples

Source(s)

Business or Commercial Purpose(s) for which the Information was Collected

Categories of Third-Party Sharing

Identifiers, such as name, postal address, unique personal identifier, internet protocol address, signature, email address, account name, or other similar identifiers.

Consumers provide this information directly to us or automatically through their interaction with our products or services; Singer marketing and/or brand partners; service providers; and other business partners.

Provide and improve our products and services; improve the quality, safety, and security of our products and services; to administer your account(s) and process your payments for products and services; to operate our websites and applications, including online registration processes; to facilitate and support Singer marketing and/or brand partner and supplier programs; to provide customer and vehicle support and service (such as recall information); for warranty administration and validation; to provide product and service updates; develop new products and services; for research, evaluation of use, and troubleshooting purposes; to verify eligibility for vehicle purchase or incentive programs; for marketing and/or analytics purposes; to customize and improve communication content; to comply with legal, regulatory or contractual requirements; to evaluate or conduct a merger, divestiture, acquisition, restructuring, reorganization, dissolution, or other sale or transfer of all of our assets; to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity; and to debug to identity and repair errors that impair existing intended functionality.

Our service providers; emergency service providers, such as law enforcement, roadside assistance providers and ambulance providers; dealers; business partners for marketing activities; and independent third parties, such as research institutions, or usage-based insurance providers.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as bank account number, credit card number, debit card number, or any other financial information, medical information, health insurance information, social security number, physical characteristics or description, passport number, driver’s license or state identification card number, or insurance policy number.

Consumers provide this information directly to us or automatically through their interaction with our products or services; licensors; service providers; marketing partners; and/or independent third-party sources.

Provide our products and services; to administer your account(s) and process your payments for products and services; to provide customer and vehicle support and service (such as recall information); for warranty administration and validation; to support transactions; and to comply with legal, regulatory or contractual requirements.

Our service providers; emergency service providers, such as law enforcement, roadside assistance providers and ambulance providers.

Protected classification characteristics under California or federal law, such as age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, or veteran or military status.

Consumers provide this information directly to us or automatically through their interaction with our products or services; Singer dealers; service providers; marketing partners; and/or independent third-party sources.

For marketing and/or analytics purposes; to customize and improve communication content; and to comply with legal, regulatory or contractual requirements;

Our service providers and emergency service providers, such as law enforcement, and roadside assistance providers and ambulance providers

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as bank account number, credit card number, debit card number, or any other financial information, medical information, health insurance information, social security number, physical characteristics or description, passport number, driver’s license or state identification card number, or insurance policy number.

Consumers provide this information directly to us or automatically through their interaction with our products or services; licensors; service providers; marketing partners; and/or independent third-party sources.

Provide our products and services; to administer your account(s) and process your payments for products and services; to provide customer and vehicle support and service (such as recall information); for warranty administration and validation; to support transactions; and to comply with legal, regulatory or contractual requirements.

Our service providers and business partners for marketing activities.

Internet or other electronic network activity information, including, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

Consumers provide this information directly to us or automatically through their interaction with our products or services; service providers; marketing partners; and/or independent third-party sources.

Provide our products and services; to improve the quality, safety, and security of our products and services; for research, evaluation of use, and troubleshooting purposes; develop new products and services; to operate our websites and applications, including online registration processes; for marketing and/or analytics purposes; to customize and improve communication content; and to comply with legal, regulatory or contractual requirements.

Our service providers; business partners for marketing activities; and independent third parties.

Geolocation data, such as physical location or movements.

Consumers provide this information directly to us or automatically through their interaction with our products or services.

Provide our products and services; to develop new products and services; for research, evaluation of use, to provide customer and vehicle support and service (such as recall information); and troubleshooting purposes; for marketing and/or analytics purposes; to customize and improve communication content; and to comply with legal, regulatory or contractual requirements.

Our service providers; emergency service providers, such as law enforcement, roadside assistance providers and ambulance providers; and business partners for marketing activities.

Inferences drawn from other personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

Consumers provide this information directly to us or automatically through their interaction with our products or services; service providers; marketing partners; and/or independent third-party sources.

Provide our products and services; for marketing and/or analytics purposes; to customize and improve communication content; and to comply with legal, regulatory or contractual requirements.

Our service providers and business partners for marketing activities.

Your Rights and Choices

The CCPA provides certain consumers (i.e., California residents) with specific rights regarding their Personal Information. This section describes the CCPA rights that you may have and explains how to exercise those rights. You have a right not to receive discriminatory treatment for exercising these privacy rights.

Sale of Personal Information

Singer does not sell Personal Information to third parties.

Right to Know About Personal Information Collected, Used, Disclosed, or Sold

You have the right to request up to twice in a 12-month period that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past 12 months. To exercise your right to know, you may submit a request to us using the methods provided below. Once we receive your request and verify your identity, we will disclose to you the information you request in the following areas: (1) the categories of Personal Information we collected about you; (2) the categories of sources for the Personal Information; (3) our business or commercial purpose for collecting or selling that Personal Information; (4) the categories of third parties with whom we shared that Personal Information; and (5) the specific pieces of Personal Information we collected about you in the preceding 12 months.

Right to Delete Personal Information Collected or Maintained

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. To exercise your right to delete, you may submit a request to us using the methods provided below. Once we receive and confirm your request and verify your identity, we will delete your Personal Information from our records, unless an exception under the CCPA applies.

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us by via written correspondence to Singer Group, Inc., ATTN: Data Protection Officer, 19500 South Vermont Ave, Torrance, CA 90502. You can also contact us via email to Alex Cox at [email protected].

Authorizing an Agent

You may designate an authorized agent to submit your consumer request on your behalf, so long as the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us.

Verifying Your Request

We cannot respond to your request to know or request to delete if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify your identity or authority to make the request. To verify your identity, we ask that you to provide us with the following information when you submit your request: (1) first name, (2) last name, and (3) phone number or email.

We will use the above information to verify your identity. We will require additional information to verify your identity and fulfill your request depending on the type of request or the information requested by you.

Other California Privacy Rights

If you are a California resident you have the right to request information from Singer regarding the manner in which Singer shares certain categories of your personal information with third parties, for the third parties direct marketing purposes. California law provides that you have the right to submit a request to Singer at its designated address and receive the following information:

  • The categories of information Singer disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and
  • The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

You may make such a request by contacting us via written correspondence to Singer Group, Inc., ATTN: Data Protection Officer, 19500 South Vermont Ave, Torrance, CA 90502. You can also contact us via email to Alex Cox at [email protected].