Terms of Use

The following terms of use agreement (the “Terms of Use”) governs your access to and use of websites provided by EV Safe Charge LLC (“EV Safe Charge,” “us,” “our,” or “we”) and our related sites, applications, services, and/or tools, whether accessed via Internet, mobile, or other device or through applications and sites affiliated with EV Safe Charge products (collectively, the “Online Services”). By using the Online Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Online Services.

General

We reserve the right to change these Terms of Use from time to time, without actual notice to you, by posting a revised Terms of Use on this website. We encourage you to review these Terms of Use on a regular basis to stay informed about any changes to the Terms of Use. By continuing to use the Online Services following changes, you agree to be bound by the changes.
We may change, suspend, or discontinue any aspect of the Online Services at any time, including the availability of any feature, database, or content. We may also impose limits or charge fees on certain features and services or restrict your access to parts or all of the Online Services without notice or liability.
While we always try to maintain the highest levels of security of our Online Services and the servers from which our Online Services are operated, we cannot guarantee absolute security, completeness, or correctness, or that access to our Online Services will be uninterrupted. Our Online Services may include inaccuracies, errors, and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to our Online Services.

Copyright

Copyright 2016 EV Safe Charge LLC. All rights reserved.
The Online Services contain copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). The Online Services are protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. EV Safe Charge and third party content providers also own copyrights in the original content on the Online Services. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content. Subject to your compliance with the Terms of Use, you may download or copy one (1) copy of the Site Content for your personal, noncommercial use only. You agree not to download, copy, or use Site Content for uses other than your personal, noncommercial use without our express prior written consent.

Trademarks

“EV Safe Charge” is a trademark of EV Safe Charge. Other marks, graphics, typefaces, trade names and logos appearing on the Online Services are trademarks, service marks, or trade dress of either EV Safe Charge or other third parties. All other trademarks appearing on the Online Services, other than trademarks and/or services of EV Safe Charge and its subsidiaries, are the property of their respective owners. Nothing contained on the Online Services creates a license or right to use any of EV Safe Charge’s trademarks, service marks, or trade dress. Our trademarks, service marks, and trade dress may not be used in any manner or for any purpose, without our express written consent.

Copyright Infringement Claims

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe in good faith that any material posted on our Online Services infringes your copyright, you or your agent may send us a notice requesting that we remove the material or block access to it.
Notices should be sent to info@evsafecharge.com and should include the following information:

  • Your address, telephone number, and email address;
  • A description of the material that you claim has been infringed;
  • A description of where the allegedly infringing material is located on our Online Services;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Third Party Sites

You may be able to link from our Online Services to third party websites, services, and advertisements, and third party websites may link to our Online Services (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and are not under the control of EV Safe Charge. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of links to Linked Sites does not imply endorsement, sponsorship, or recommendation by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. EV Safe Charge disclaims any liability for links (1) to our Online Services from another website and (2) to another website from our Online Services. EV Safe Charge cannot guarantee the standards of any website to which links are provided on our Online Services nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk.

Third Party Vendors

Certain Online Services contain services and content supplied by third party vendors. We are not responsible or liable for any information or materials provided by these third parties. Additionally, we may provide these third party vendors with access to your membership information. We are not responsible or liable for a third party vendor’s use of your information or for any interactions you may have with a third party vendor. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any services or content provided by third party vendors.

Please note that certain third party vendors maintain information regarding your subscription to certain of our publications. By opting out of subscription emails, you have not necessarily opted out of any or all emails from third parties we use. We are not responsible for any contact you may continue to receive from these third parties. Additionally, we may continue to contact you for the purpose of informing you of changes or additions to our services.

Purchases and Product Descriptions

The following terms and conditions apply to your purchase of any product through our Online Services, linked sites or via other means (please note that to the extent that your purchase is carried out on a Linked Site, your purchase will be subject to the terms and conditions of use applicable to such Linked Site):
If you wish to purchase any product made available through our Online Services, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information will be treated by EV Safe Charge in accordance with our Privacy Policy. By submitting such information, you grant EV Safe Charge the right to provide such information to third parties for purposes of facilitating the completion of your purchases. Verification of information may be required prior to the acknowledgment or completion of any purchase.

We do not guarantee that product descriptions or other content on our Online Services will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on our Online Services do not imply our or any of our affiliates’ endorsement of such products. We reserve the right, with or without prior notice, to (1) change such descriptions, images, and references; (2) limit the available quantity of any product; (3) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; (4) bar any user from conducting any or all transactions; and/or (4) refuse to provide any user with any product. Price and availability of any product offered through our Online Services are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through our Online Services, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases. Your sole remedy for the purchase of any product from EV Safe Charge through our Online Services is to return it for a full or partial refund as set forth in the shipping contract governing the purchase.

Disclaimer of Warranty; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW), ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE ONLINE SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT EV SAFE CHARGE, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE ONLINE SERVICES AT THE INVITATION OF EV SAFE CHARGE, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE ONLINE SERVICES OR THE INFORMATION SET FORTH THEREIN; (B) YOUR BREACH OF ANY WARRANTY OR CONTRACT; AND (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE ONLINE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF EV SAFE CHARGE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EV SAFE CHARGE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE ONLINE SERVICES BY ANYONE.

PLEASE SEEK THE ADVICE OF PROGESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE ONLINE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DOCUMENTS, AND OTHERWISE ON OUR ONLINE SERVICES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA OUR ONLINE SERVICES ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

Indemnification

You agree to defend, indemnify, and hold harmless EV Safe Charge, its affiliates, and its third party service providers, and each of their respective controlling shareholders, directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with our Online Services or information provided therein (including any third party services); and/or (c) communications and disputes between you and any other users or third parties (including any third party provider or third party vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Online Services, or (3) any content available through the Online Services or any change therein, is to stop visiting and using the Online Services. We may terminate your use of the Online Services, including your membership in the Online Services, at any time, in our sole discretion, without notice or liability. We shall not be required to make any information or files available to you after any termination. The following sections will survive any termination of the Terms of Use: “Interactive Services,” “Submissions,” “Copyright,” “Trademarks,” “License,” “Third Party Sites,” “Disclaimer of Warranty; Limitation of Liability,” “Indemnification,” “Termination,” and “Miscellaneous.”

Privacy

Please review our Privacy Policy for information on our website security measures and the protection of your personal information.

Miscellaneous

These Terms of Use, our Privacy Policy, and any other operating rules for the Online Services established by us constitute the entire understanding between you and us with respect to the use of the Online Services. We control and operate our Online Services from our offices in the United States of America. We do not represent that materials on the Online Services are appropriate or available for use in other locations. If you choose to access our Online Services from other locations, you do so at your own risk. We may limit the Online Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time, and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of California, excluding that body of laws known as conflicts of laws. You agree to exclusive jurisdiction by the federal and state courts located in Los Angeles County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

Linking To Our Online Services

If you are interested in linking to our Online Services from your website, please contact us by emailing info@evsafecharge.com. We may approve or deny your request in our sole discretion.

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following websites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). EV Safe Charge does not endorse any of the products or services listed at such sites.

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our Online Services, please contact us by emailing info@evsafecharge.com. You may also contact us by calling us at (844) 383-6763. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Return Policy

All returns and cancellations are subject to a minimum twenty percent (20%) re-stocking charge and are at the sole discretion of EV Safe Charge.  All returns must be pre-authorized in writing by EV Safe Charge.  All credits are pending and subject to EV Safe Charge’s inspection and acceptance of product.  Buyer is responsible for all delivery and pick-up charges related to returned product.

For information about how to contact EV Safe Charge, please visit our contact page.