CAR CHARGING GROUP, INC.
TERMS OF SERVICE
May 1, 2012
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN THE USER AND CAR CHARGING, THE OWNER AND OPERATOR OF THE SERVICES. BY USING THE SERVICES USERS REPRESENT AND WARRANT THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF A USER DOES NOT ACCEPT THESE TERMS, IT MUST NOT USE – AND IS NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
The Services offered by CAR CHARGING enable Users to: browse and explore electric vehicle charging locations and to use the CAR CHARGING electric vehicle car charging services at various locations all around the United States. Users sign up for CAR CHARGING Services and receive an evCharge Card that allows CAR CHARGING stations to provide electricity to recharge an electric vehicle’s batteries. The evCharge Card can also be used at ChargePoint® stations manufactured by Coulomb Technologies® and other licensed manufacturers of the ChargePoint network which are installed and maintained by third parties vendors.
If Users use or open an account on the Services on behalf of a company, entity or organization (each a “Subscribing Entity”), then said Users represent and warrant that they: (a) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
- Consideration. Users understand and agree that these Terms are entered into in consideration of their use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
- Changes to these Terms. The Website and portions of the Services are owned and operated by CAR CHARGING. The Company reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Website or on or within the Service. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Users should visit this page regularly to ensure continued acceptance of these Terms. Continued use of the Services after any revision to these Terms constitutes binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this Section 1.2, no revisions to these Terms will apply to any dispute between Users and CAR CHARGING that arose prior to the date of such revision.
- Evolving Nature of Services. The Services are new and subject to change at any time. CAR CHARGING is continually looking to improve the Services but if Users are at any time dissatisfied with the Services, then the sole remedy is to discontinue use of the Services. However, CAR CHARGING does want to hear from its Users so do not hesitate to send an e-mail at email@example.com to convey User concerns.
USE OF THE SERVICES
- CAR CHARGING takes safety issues very seriously, especially with children, and encourages parents to teach their children about safe internet practices. To protect minors, CAR CHARGING may put special safeguards in place (such as prohibiting adults from initiating contact with any minor or restricting the ability of adults to share and connect with any minor).
- Personal Security. Users should not disclose personal information to strangers that would enable strangers to locate them offline. This means Users should not give out their name, address, place of employment, school, etc., while communicating with others in a Communication Channel.
- Service Security. Users are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties, as well as the termination of User privileges in using the Services, at CAR CHARGING’s sole discretion. CAR CHARGING reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
MATERIALS SUBMITTED TO THE SERVICES; LICENSE GRANT FROM USERS TO CAR CHARGING
- User Content. This section governs any material that Users upload or transmit to or through the Services including, without limitation, comments, messages, photographs, Internship postings, Internship applications, resume submissions or any other form of copyrighted material (collectively, “User Content”). Users are solely responsible for all User Content submitted to or through the Services. Users agree, represent, and warrant that any User Content uploaded or transmitted to or through the Services is truthful, accurate, not misleading, and offered in good faith, and that said Users have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the Services and grant the rights to the User Content as set forth in these Terms. Users must not upload or transmit any User Content to or through the Services where the rights have not been cleared for the use of such User Content on the Services.
- Retention of Your Intellectual Property Rights. BY UPLOADING OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES, USERS ARE NOT SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS THAT THEY MAY HAVE IN THEIR USER CONTENT. RATHER, USERS ARE MERELY GRANTING CAR CHARGING A LICENSE PURSUANT TO THE PROVISIONS OF THESE TERMS. USERS WILL CONTINUE TO OWN, TO THE EXTENT OF THEIR EXISTING RIGHTS, ALL OF THEIR USER CONTENT.
- Waiver of Rights. By uploading User Content to the Services Users waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. Users further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Services or any User Content (or any portions thereof) provided on or through the Services. To the extent any moral rights are not transferable or assignable, Users hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that Users may have in or with respect to any User Content uploaded to the Services, during the term of these Terms. Users expressly release CAR CHARGING and all of its agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of User Content.
- Requirement that Users Be Owners of or Fully Authorized to Grant the Rights To User Content. IF A USER IS NOT THE COPYRIGHT OWNER OF, OR IS NOT FULLY AUTHORIZED TO GRANT RIGHTS IN ALL OF THE ELEMENTS OF THE USER CONTENT SAID USER INTENDS TO UPLOAD OR TRANSMIT TO OR THROUGH THE SERVICES, THEN SAID USER MUST NOT UPLOAD THE USER CONTENT TO THE SERVICE.
- Confirmation of Rights. CAR CHARGING GROUP, INC. reserves the right to demand confirmation from Users in writing of all authorizations, licenses, permissions, and consents obtained by them (if any) with respect to any third-party materials embodied in User Content uploaded to or transmitted through the Services. If Users fail to provide CAR CHARGING with such confirmation upon request, the latter reserves the right to remove any or all User Content from the Services and to suspend or terminate a User’s account with CAR CHARGING. CAR CHARGING will have no liability to Users for any actions taken by CAR CHARGING pursuant to this Section 5.6.
- Rights for Third Party Sites; Through-to-the-Audience Rights. The rights granted by Users in these Terms include the right of CAR CHARGING to Use User Content uploaded or submitted to the Services through the Site and Third Party Sites and all of the rights granted herein by Users are provided on a through-to-the-audience basis, meaning the owners or operators of such Third Party Sites or Applications will not have any separate liability to Users or any other third party for User Content uploaded to, transmitted, made available, communicated or publicly performed or publicly displayed through the Services and made available, communicated, retransmitted or publicly performed or publicly displayed through such Third Party Sites or Applications.
- Representations and Warranties with Respect to User Content. By uploading or transmitting User Content to or through the Services, Users hereby represent and warrant to CAR CHARGING that (a) they have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (b) the Use of such User Content in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require CAR CHARGING or any Third Party Site on or through which the Services are made available to pay any fees of any kind to any third party.
- Accuracy of Information. Users agree to provide true, accurate, current, and complete information about themselves as requested in any registration forms required by CAR CHARGING. Users also agree to update the information about themselves promptly, and as necessary, to keep it current and accurate. If messages sent to an e-mail addresses provided by Users are returned as undeliverable, CAR CHARGING reserves the right to terminate a User’s account immediately with or without notice and without any liability to Users or any third party.
COMMUNICATION CHANNEL; INTERNSHIP FUNCTIONALITY TERMS
- General. CAR CHARGING may provide Communication Channels in which Users of the Services may communicate with one another or Internship Functionality allowing users to discuss, post or apply for Internships. Any violation by Users of the following terms and conditions regarding their use of the Communication Channels or the Internship Functionality may result in the termination of the right to post messages to one or all Communication Channels, to use the Internship Functionality or to use the Services, in CAR CHARGING’s sole discretion and without any liability to Users.
- Safety. When choosing a screen name that appears whenever Users post a message, said screen name will automatically appear with the posted message. Users should therefore choose a screen name carefully. CAR CHARGING may refuse to grant, and Users may not use, a screen name (or e-mail address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or is vulgar or otherwise offensive in CAR CHARGING’s sole discretion.
- Information in Submitted Messages.
- Limitations on Postings. Users must exercise caution, good sense and sound judgment in communicating via a Communication Channel or about an Internship. Once something is posted it may live in perpetuity online, and messages posted today could be highly embarrassing or damaging to one’s credibility or reputation in the future. CAR CHARGING makes no guarantees that postings Users make will be removed from a Communication Channel, the Internship Functionality, the Services or any Third Party Sites, even following the termination of your account. Users are responsible for any User Content included in a post, and assume all liability arising out of a post. Users agree, represent, and warrant that any information and User Content posted is: truthful, accurate, not misleading and offered in good faith; not invasive of another’s privacy, abusive, threatening or obscene; and not infringing upon the copyright, trademark, patent or other intellectual property rights of others. Users further agree, represent, and warrant that they have the right to post or transmit such information or User Content and to grant the rights set forth in these Terms. The content of such information is the User’s sole responsibility.
- No Confidentiality. Users must not post any material to a Communication Channel or to the Internship Functionality that is considered to be confidential or proprietary. Any messages or User Content posted in a Communication Channel or to the Internship Functionality will be considered non-confidential and non-proprietary, and treated as such by CAR CHARGING and may be used by CAR CHARGING and others for any purpose with or without notice.
- License Grant for Communication Channel Postings. Users own and retain any copyright they may have in any message posted to a Communication Channel or to the Internship Functionality. Nevertheless, by posting a message, Users automatically grant CAR CHARGING a royalty free, perpetual, irrevocable, assignable, non-exclusive license throughout the universe to Use said message (or any portion thereof, including an edited version) alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, with or without attribution to said User. Users further grant end users of the Services a royalty free license to Use your messages solely for personal, non-commercial uses without the need for attribution. Users further grant CAR CHARGING a royalty free, perpetual, irrevocable, assignable, non-exclusive license throughout the universe to any concepts, know-how, ideas or inventions that are posted to a Communication Channel or to the Internship Functionality.
- Monitoring User Submissions; Removal of Communication Channel Postings.
- RIGHT OF REMOVAL. CAR CHARGING DOES NOT CONTROL USER CONTENT, COMMUNICATION CHANNEL POSTINGS OR INTERNSHIP FUNCTIONALITY POSTINGS OR APPLICATIONS (TOGETHER, “USER MATERIALS”) AND DOES NOT HAVE ANY OBLIGATION TO MONITOR SUCH USER MATERIALS FOR ANY PURPOSE. FURTHER, CAR CHARGING HAS NO OBLIGATION TO PERMIT USER MATERIALS TO BE MADE AVAILABLE ON OR THROUGH THE SERVICES. CAR CHARGING MAY CHOOSE, IN ITS SOLE DISCRETION, TO MONITOR, REVIEW, OR OTHERWISE ACCESS SOME OR ALL USER MATERIALS, BUT BY DOING SO CAR CHARGING NONETHELESS ASSUMES NO RESPONSIBILITY FOR THE USER MATERIALS, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE USER MATERIALS, AND NO OBLIGATION TO MONITOR, REVIEW, OR OTHERWISE ACCESS OTHER USER MATERIALS, AND CAR CHARGING ASSUMES NO RESPONSIBILITY FOR THE CONDUCT OF THE THIRD PARTY OR USER SUBMITTING OR TRANSMITTING ANY USER MATERIALS TO OR THOUGH THE SERVICES. USERS ACKNOWLEDGE THAT CAR CHARGING MAY OR MAY NOT PRE-SCREEN USER MATERIALS, AND THAT CAR CHARGING AND ITS DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION), IN THEIR SOLE DISCRETION, TO PRE-SCREEN, REFUSE, OR REMOVE ANY USER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, CAR CHARGING AND ITS DESIGNEES MAY, AT ANY TIME AND WITHOUT PRIOR NOTICE, REMOVE ANY USER MATERIALS THAT, IN THE SOLE JUDGMENT OF CAR CHARGING, VIOLATE THESE TERMS, ARE OTHERWISE OBJECTIONABLE, OR FOR ANY OTHER REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. USERS AGREE THAT THEY WILL EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY USER MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR LEGALITY OF SUCH USER MATERIALS OR OTHER CONTENT. USERS SHOULD EXERCISE GOOD JUDGMENT BEFORE DOWNLOADING ANY USER MATERIALS AS CAR CHARGING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER MATERIALS MADE AVAILABLE ON OR THROUGH THE SERVICES.
- Reporting of User Materials. If Users locate any User Materials on or through the Services that are found to be offensive or objectionable, Users may report such User Materials to CAR CHARGING by sending an e-mail to firstname.lastname@example.org. CAR CHARGING reserves the sole right, but not the obligation, to remove any message that it deems inappropriate in its sole and absolute discretion and without any liability to you. If any User believes any User Materials are infringing of its intellectual property rights, please report such User Materials pursuant to Section 19 of these Terms.
- No Endorsement. CAR CHARGING does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any messages posted to a Communication Channel. The opinions expressed in any Communication Channel posting are to be attributed solely to the User, person or entity that posted such message. Any reliance placed on material or information set forth in a posted message will be at Users’ own risk.
FEES AND PAYMENT
- No Refunds. All fees relating to the Services, including any fees charged for access to the Services are final and nonrefundable.
- Method of Payment. Users agree to pay for all products and services that are purchased through the Service and further agree that CAR CHARGING may charge a User’s selected payment method for any such payments. CAR CHARGING accepts payments through payment methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Users may be asked to provide CAR CHARGING with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to the Service. CAR CHARGING may seek pre-authorization of a User’s credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce the account’s available balance by the authorization amount until it is released or reconciled with the actual charge. Users should contact their card issuer if there are additional questions regarding when an authorization amount will be removed from the account statement. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. CAR CHARGING does not accept payment forms other than those specified on the applicable payment screen.
- Taxes. Users are responsible for paying any governmental taxes imposed on the use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent CAR CHARGING is obligated to collect such taxes, the applicable tax will be added to a User’s billing account.
- Disputed Charges. USERS AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO THEIR ACCOUNT IN WRITING TO CAR CHARGING WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
OTHER PROHIBITED ACTIVITIES
- Users agree not to
- Use the Services if a User is under 16;
- Share a User password, let anyone else access a User’s account, transfer an account or do anything else that might jeopardize the security of a User’s account;
- Upload or otherwise transmit to or through the Services any information that is unlawful, harmful, harassing, defamatory, libelous, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind or information that contains a link to such objectionable material;
- Attempt to, or harass, abuse, bully, intimidate or harm or advocate or incite harassment, abuse, bullying, intimidation or harm of another person or group, including CAR CHARGING employees;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
- Solicit or attempt to solicit personal information from other Users of the Services;
- Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person or collect information about Users of the Services;
- Use the Service, without CAR CHARGING’s express written consent, for any commercial purpose, including, communicating or facilitating any commercial advertisement or solicitation, or gathering or transferring Professional Promotional Points for sale;
- Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
- Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any content on the Services, or features that enforce limitations on the use of the Services or any content on the Services;
- Use any scraper, spider, cheats, exploits, robots or other automated means of any kind to access, modify or interfere with the Services, or harvest or manipulate data, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or content on the Services, bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
- Create a false identify or impersonate another person or entity in any way;
- Provide any false personal information or create an account for anyone other than the User itself without permission;
- Create more than one personal profile;
- Create another account without CAR CHARGING’s express written permission, if CAR CHARGING previously disabled your account;
CAR CHARGING’s Rights; Third Party Rights
- Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other rights of any party (including rights of privacy or publicity, including by incorporating any such material in User Materials;
- Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by CAR CHARGING;
- Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or content obtained through the Services, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without CAR CHARGING’s express written consent:
- Framing, embedding and/or passing off User Materials obtained from the Services in such a manner as to present them as originating from a source other than the Services;
- Copying, caching or reformatting any User Materials for commercial purposes in any manner whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Service to alternative delivery formats;
- Altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and
- Using any trademarks, service marks, design marks, logos, photographs or other content belonging to CAR CHARGING or obtained from the Services.
- Interfering with or disrupting the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
- Violate any applicable federal, state or local laws or regulations or these Terms; and
- Assist or permit any persons in engaging in any of the activities described above.
- DISCLAIMER OF CERTAIN MATERIALS
- USERS UNDERSTAND THAT WHEN USING THE SERVICES, USERS MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, MUSIC AND OTHER AUDIO CONTENT, AND USER MATERIAL FROM A VARIETY OF SOURCES, AND THAT CAR CHARGING IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER MATERIALS. USERS FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, MUSIC AND OTHER AUDIO CONTENT, AND USER MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND USERS AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES THEY HAVE OR MAY HAVE AGAINST CAR CHARGING WITH RESPECT THERETO.
- UNDER NO CIRCUMSTANCES WILL CAR CHARGING BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, MUSIC AND OTHER AUDIO CONTENT, AND USER MATERIALS, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY USER MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, MUSIC AND OTHER AUDIO CONTENT, AND USER MATERIALS POSTED, EMAILED, UPLOADED OR OTHERWISE DISPLAYED, PERFORMED OR TRANSMITTED VIA THE SERVICES. BY ACCESSING OR USING ANY PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, MUSIC AND OTHER AUDIO CONTENT, AND USER MATERIALS TRANSMITTED ON OR THROUGH THE SERVICES, USERS WAIVE ANY AND ALL CLAIMS AGAINST CAR CHARGING THAT MAY HAVE ARISEN OUT OF OR RELATING TO SUCH PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, MUSIC AND OTHER AUDIO CONTENT, AND USER MATERIALS.
INTELLECTUAL PROPERTY RIGHTS
- Generally. The content made available on or through the Services, including without limitation, any text, software, graphics, photos, sounds, music, videos and interactive features, but excluding User Materials, may be protected by copyright or other intellectual property rights and owned by CAR CHARGING or third party licensors of CAR CHARGING. No material made available on or through the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Materials, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of CAR CHARGING or its licensors, unless one has obtained express written authorization to the contrary. All design rights, databases and compilations and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to CAR CHARGING.
- Trademarks. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to CAR CHARGING or to other companies where so indicated. Users may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
- No Implied Rights. There are no implied licenses granted in these Terms.
LINKS TO THIRD PARTY SITES
- As Users engage the Services they may notice links to Third Party Sites. These links are for convenience only. If Users use these links, they will leave the Services. Certain of these Third Party Sites may make use of CAR CHARGING’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from CAR CHARGING. CAR CHARGING is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not CAR CHARGING is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by CAR CHARGING of the organizations sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and Users should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
- USERS AGREE THAT CAR CHARGING WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS THEY MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICES.
- Users agree to indemnify, defend, and hold harmless CAR CHARGING and its parent, subsidiaries, affiliates, investors, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors, and assigns and other CAR CHARGING Users who use any User Materials uploaded to or made available on the Services, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (a) the use or misuse of the Services; (b) User Material, including CAR CHARGING’s or any User’s use of User Material consistent with these Terms; (c) any breach or other violation of these Terms, including any representations, warranties and covenants herein; or (d) the violation of the rights of any other person or entity, including, but not limited to, claims that any User Material infringes or violates any third-party intellectual property rights or other proprietary rights, Notwithstanding the foregoing, CAR CHARGING reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which Users are required to indemnify CAR CHARGING if CAR CHARGING, in its reasonable discretion, concludes that said User is not adequately protecting CAR CHARGING’s interests or is incapable of protecting CAR CHARGING’s interests, and said User agrees to cooperate with CAR CHARGING’s defense of these claims. Users agree not to settle any matter without the prior written consent from CAR CHARGING and CAR CHARGING will use reasonable efforts to notify Users of any such claim, action or proceeding upon becoming aware of it.
- THE SERVICES, USER MATERIALS, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAR CHARGING AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAR CHARGING, AN EMPLOYEE OR REPRESENTATIVE OF CAR CHARGING OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. CAR CHARGING AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- USERS UNDERSTAND AND AGREE THAT THEY USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATED SITES OR APPLICATIONS AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR PROPERTY (INCLUDING THE COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY
- IN NO EVENT WILL CAR CHARGING OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES; (B) ANY PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICES; AND (C) CONTENT (INCLUDING USER CONTENT) MADE AVAILABLE THROUGH THE SERVICES, IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF CAR CHARGING GROUP, INC. OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAR CHARGING OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY USERS THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES USERS HAVE PAID CAR CHARGING IN THE ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
LIMITATIONS; BASIS OF THE BARGAIN
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL USERS. IN SUCH CASES, USERS AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND CAR CHARGING, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN USERS AND CAR CHARGING, CAR CHARGING’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. USERS UNDERSTAND AND AGREE THAT CAR CHARGING WILL NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
TERM AND TERMINATION
- Term. These Terms, as amended, will be effective commencing with a User’s first use or registration of the Services and will remain in full force and effect throughout your use of the Services.
- Termination by CAR CHARGING. CAR CHARGING may terminate a User’s use of the Services or any of the features or Services at any time and for any reason, with or without notice, for conduct violating these Terms or upon CAR CHARGING’s sole determination. Users hereby agree to CAR CHARGING’s broad right of termination. Users agree that if their use of the Services is terminated pursuant to these Terms, Users will not attempt to use the Services under any name, real or assumed, and further agree that if they violate this restriction after being terminated, they will indemnify and hold CAR CHARGING harmless from any and all liability that may be incurred. Upon CAR CHARGING’s termination of a User’s use of the Services, CAR CHARGING may, but shall not be required to, delete any of a User’s User Materials available on or through the Services and terminate said User’s access to its User Materials if those materials remain on the Service, without any liability to the User.
- Termination by User. Users are free to terminate their use of the Services at any time by choosing to simply stop visiting or using any aspect of the Services. If a User wishes to terminate its account on the Services, it may do so by sending an e-mail to email@example.com or using any other account termination functionality that may be offered through the Services.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
- CAR CHARGING respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and asks its Users to do the same. Infringing activity will not be tolerated on or through the Service.
- CAR CHARGING’s intellectual property policy is to (a) remove material that CAR CHARGING believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any User Content posted to the Services by “repeat infringers.” CAR CHARGING considers a “repeat infringer” to be any user that has uploaded User Content to the Services and for whom CAR CHARGING has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. CAR CHARGING has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon CAR CHARGING’s own determination.
- Procedure for Reporting Claimed Infringement.
- If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Such communication must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CAR CHARGING to locate the material;
- Information reasonably sufficient to permit CAR CHARGING to contact the author of the Notification (the “Author”), such as an address, telephone number, and, if available, an e-mail address at which the Author may be contacted;
- A statement that the Author has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Users should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information. CAR CHARGING’s Designated Agent for notices of claimed infringement can be contacted at:
Via E-mail: firstname.lastname@example.org
Via U.S. Mail:
Car Charging Group, Inc.
1691 Michigan Ave.
Miami Beach, Florida, 33139
- Counter Notification.
- If a User receives a notification from CAR CHARGING that material made available by said User on or through the Service has been the subject of a Notification of Claimed Infringement, then the User will have the right to provide CAR CHARGING with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to CAR CHARGING’s Designated Agent through one of the methods identified in Section 19.4, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which CAR CHARGING may be found, and that the subscriber will accept service of process from the person who provided notification under Section 19.3 above or an agent of such person.
- A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- False Notifications of Claimed Infringement or Counter Notifications.
- The Copyright Act provides that:
[A]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [CAR CHARGING] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
- CAR CHARGING reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
- For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 19 should be sent to the Designated Agent at email@example.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about CAR CHARGING GROUP, INC., the operation of the Services or any other matter should be sent to firstname.lastname@example.org.
The Site and the Services are controlled and operated by CAR CHARGING from its offices within the State of Florida. CAR CHARGING makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.
- Mandatory Arbitration. Please read this carefully. It affects User rights.
- ALL USERS AND CAR CHARGING AND EACH OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
- Commencing Arbitration. A party who intends to seek arbitration (the “Party”) must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by the Party to CAR CHARGING, or to the Party via any other method available to CAR CHARGING including via e-mail. Any Notice to CAR CHARGING should be addressed to:
CAR CHARGING GROUP, INC.
1691 Michigan Ave., Suite 601
Miami Beach, Florida 33139
Attn: General Counsel
- The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If the parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either may commence an arbitration proceeding as set forth below or file a claim in small claims court.
- THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “RULES”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
- Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. The parties to the arbitration agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. THE PARTIES AGREE THAT EITHER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, BOTH PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within one hundred twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
- The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. The Parties acknowledge that these terms and the use of the Services evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
- Governing Law. These Terms and your use of the Service shall be governed by the substantive laws of the State of Florida without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between any User and CAR CHARGING under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the city of Miami in the State of Florida, and you and CAR CHARGING hereby submit to the personal jurisdiction and venue of these courts.
- Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which CAR CHARGING seeks equitable relief of any kind. Users acknowledge that, in the event of a breach of these Terms by CAR CHARGING or any third party, the damage or harm, if any, caused to said User will not entitle it to seek injunctive or other equitable relief against CAR CHARGING, including with respect to any User Materials, and the only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
- Claims. All Users and CAR CHARGING GROUP agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Services, excluding a claim for indemnification, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Improperly Filed Claims. All claims Users bring against CAR CHARGING must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, CAR CHARGING may recover attorneys’ fees and costs up to $5,000, provided that CAR CHARGING has notified Users in writing of the improperly filed claim, and said Users have failed to promptly withdraw the claim.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of CAR CHARGING to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by CAR CHARGING without restriction. Any assignment attempted to be made by any Unser in violation of these Terms shall be null and void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
- Survival. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 4 (Service Security), 5 (Materials Submitted to the Service; License Grant from User to CAR CHARGING), 7.4 (License Grant for Communication Channel Postings), 10 (Other Prohibited Activities), 11 (Disclaimer of Certain Materials), 12 (Intellectual Property Rights), 13 (Links to Third Party Sites), 14 (Indemnity), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Limitations; Basis of the Bargain), 20 (Privacy), 22 (Dispute Resolution), and 23 (Miscellaneous).
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and CAR CHARGING relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by CAR CHARGING as authorized in these Terms.
- Disclosures. The services hereunder are offered by CAR CHARGING GROUP, INC., located at 1691 Michigan Ave., Suite 601, Miami Beach, Florida 33139. Users may contact CAR CHARGING by sending correspondence to the foregoing address or by email at email@example.com. If a User is a Florida resident, these Terms may be emailed to said User by sending a letter of request to the foregoing address with the User’s email address and a request for these Terms.