Terms of Use

Effective as of September 2, 2020

THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (referenced herein as "YOU" or "USER" or with "YOUR") AND ELECTRIFY AMERICA LLC ("Company") THAT APPLIES EACH TIME YOU ACCESS OR USE THE ELECTRIFY HOME WEBSITE AT ELECTRIFYHOME.COM (the “SITE”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (this "TOU") AS THEY GOVERN YOUR USE OF THE SITE AND ITS FUNCTIONALITY. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE OR ANY COMPONENT THEREOF, AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.

1. License Grant. This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Site, conditioned on Your continued compliance with the terms and conditions of this TOU. You may print a single print copy or make a single screen shot of the materials and information from the Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

2. Restrictions. Except as expressly provided herein, Company does not grant any other express or implied right to You or any other person. Accordingly, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, You shall not, nor shall You permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Company for use of the Site.

3. User Obligations. You represent that You are at least eighteen years of age or the legal age of majority in Your state (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which You have all necessary rights, permission(s), or authority) when submitting information through the Site, including, without limitation, when You provide information via a registration or submission form on the Site. In addition, You access the Site on Your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to Your use of the Site (including use of any permitted copies of the Site materials and information). If You access the Site on behalf of any organization, Your organization shall be bound to this TOU and liable for any breach by You. You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.

4. Account. You may register an account on the Site. Each registration is for a single user only, unless otherwise expressly agreed upon by Company. Registration for access to and Your account may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Company in its sole discretion from time to time. You hereby agree to consider Your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of Company, which may be withheld in its sole discretion. You shall immediately notify Company if You suspect or become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Company will not be liable for any loss or damage arising from Your failure (whether inadvertent or intentional) to comply with these obligations. By submitting the requested information to the Account registration form on the Site, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. Company reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Company has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Site is in violation of applicable law, regulation, or the terms of this TOU.

5. Submissions. Company may permit You to provide certain information, or feedback to Company through the Site with respect to the Site’s products and/or services (each, a “Submission(s)”). You agree You will not upload, post, display, or transmit any Submission(s) if such Submission(s), or any part thereof, or the act of making the Submission(s) would be considered defamatory, abusive, violative of any intellectual property or other property or proprietary rights of any third party, or unlawful in any other way. Company reserves the right to screen, edit, or otherwise monitor Your or another user’s Submissions, and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission(s). Nevertheless, if You violate this TOU, Company may, in its sole discretion, take whatever action is necessary to protect Company’s legal or equitable rights, or otherwise enforce the terms of this TOU. Moreover, it is a policy of Company to take appropriate actions under applicable intellectual property laws. If You become aware of Submissions that violate these rules regarding acceptable behavior or content, You may contact Company as provided herein.

6. Permission to Use Submissions. By using the Site to transmit, provide, distribute, or display a Submission(s), You automatically grant Company and any current or future parents, subsidiaries, as well as any current or future corporations, business entities, trusts, commonly-owned corporations, as well as any other entity owning, owned by, controlling, controlled by or under common control or ownership of an entity (whether legally, beneficially, by agreement or through stock ownership or other equity interest, directly or indirectly) and their permitted successors and assigns, with or without attribution, a royalty-free, perpetual, irrevocable, non-exclusive right and license to itself or any other party to use, act upon, make, have manufactured, sell, offer for sale, import, reproduce, modify, publish, create derivative works from, distribute and display such Submission(s) (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such Submissions (in the form received or provided by You) are non-confidential for all purposes and that Company owes no obligation of confidentiality, attribution, or approval, and has no control over the extent to which any idea or information may be used by any other party or person. You will receive no compensation for any Submission(s) and hereby waive any right to enforce any intellectual property or proprietary right against Company and its parent, affiliates, and subsidiaries as a result of or on the basis of any use or exploitation of any Submission.

7. Purchases of Products and Services. The Site may contain the option for You to purchase certain home vehicle chargers, or other related products and services. The pricing (and any applicable discounts, if available), and permitted payment methods (e.g., credit or debit) will be specified through the Site at the time of order. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange in accordance with Company’s Return Policy, available at FAQs. Company has made every effort to display as accurately as possible the colors and images of our products that appear at the store. Company cannot guarantee that your computer monitor's display of any color will be accurate. Company reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Company may exercise this right on a case-by-case basis. Company reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Company. Company reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited and Company may request information in order to confirm the order and method of payment.

8. Payments through the Site. Upon placing an order, You agree to pay using the payment methods indicated and grant authorization to Company and/or the applicable third party payment-processor to charge Your payment methods indicated. Company and/or the applicable third-party payment processor shall charge and You shall be responsible for payment of all taxes, tariffs, levies, or duties applicable to Your payment. All amounts loaded to Your account will be denominated in the currency of the United States, and all transactions listed through the Site are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information that You provide to us; and (b) maintaining the confidentiality and security of Your account information. You should not disclose Your account information to anyone. If Your account information is lost or stolen, anyone who obtains possession of either could use Your account. You are responsible for all transactions on Your account, including unauthorized transactions.

   1. Fees. Except as provided in this Agreement or by the Company in writing, Company does not charge any activation, service, dormancy or inactivity fees in connection with Your account. There is no expiration date for the value on Your account.

   2. Order History. You are responsible for checking Your order history to ensure that Your order history is accurate. You can check Your order history on the Site. If You have questions regarding Your order history, or if You need customer service, please call Customer Assistance at (833) 532-2778.

9. Data Collection, Communications, and Updates. By accessing, or using the Site, You agree to allow Company to collect (on behalf of itself and its business partners) certain information regarding Your use of the Site (including, without limitation, certain data regarding Your mobile device (e.g., type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g., name, email, etc.)).Company may use and/or share Your information with third parties for purposes of targeting advertising to You or to Your device. By creating an account, You agree to receive communications from Company including, but not limited to email, push notifications, and/or text messages. These communications are part of Your relationship with Company and You receive them as part of Your use of the Site. You therefore hereby agree that any such notices, agreements, disclosure or other communications that Company sends to You electronically will satisfy any legal communication requirements.

10. Privacy Policy. You understand, acknowledge, and agree that the operation of certain areas of the Site and the creation of an account may require or involve the submission, use, and dissemination of various personally identifiable information including, but not limited to, Your phone number, email address, and mailing address. Please see the Electrify America Privacy Policy for a summary of Company's personally identifiable information collection and use practices. Any information submitted by You through the Site will be pursuant to Company’s aforementioned Privacy Policy (and any related disclosure(s)) and includes a right and license from You to allow Company to use such information in accordance therewith.

11. Proprietary Rights. All rights, titles, and interests in and to the Site are owned by Company. The Site is protected by United States copyright law and international treaty provisions governing proprietary rights, including, without limitation the Berne Convention. This TOU provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that Company transfers no ownership or intellectual property right, title, or interest in and to the Site to You or anyone else. All trademarks, service marks, text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Company and/or its licensors. In particular, without limitation, the Company logo, the words “Electrify America,” “Electrify Home,” all Company product or service names, and Company advertising slogan(s) are trademarks. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company's trade names, trademarks or service marks without express prior written consent. All rights not expressly licensed hereunder are reserved by Company.

12. Links to Third Party Content. Company may provide links, in its sole discretion, to other applications, websites, or networks for Your convenience in locating or accessing related information and/or services. These other applications, websites or networks are maintained by third parties over which Company exercises no control. Your correspondence or any other dealings with third parties are solely between You and such third party. Accordingly, Company hereby expressly disclaims and shall not have any liability or responsibility for such applications, websites, or networks, or in connection with any such dealings between You and any third party.

13. Other Terms and Conditions. Additional notices, terms, and conditions may apply to products, services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Site, including without limitation the terms of certain installation services, and/or third-party payment processors. Without limitation of the foregoing, You hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by any digital download or user interface platform from which You download or access the Site (“Provider Terms”); and (b) the terms of this TOU supplement and do not alter or amend any such Provider Terms.

14. Mobile Usage. The Site offers various tools or display functionality that are available to You via Your mobile phone or other mobile computing device. Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Site. In addition not all functionality on the Site may work with all carriers or devices or in all locations.

15. Disclaimer. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD PARTY PROVIDED MATERIALS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.

16. Limitation and Liability. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND COMPANY’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SITE (DURING THE LAST TWELVE (12) MONTHS) OR TEN U.S. DOLLARS ($10 USD), WHICHEVER IS GREATER.

17. Indemnification. You agree to indemnify, defend, and hold Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to Your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity.

18. Links to Third Party Content. Company may provide links, in its sole discretion, to other applications, websites, or networks for Your convenience in locating or accessing related information and/or services. These other applications, websites or networks are maintained by third parties over which Company exercises no control. Your correspondence or any other dealings with third parties are solely between You and such third party. Accordingly, Company hereby expressly disclaims and shall not have any liability or responsibility for such applications, websites, or networks, or in connection with any such dealings between You and any third party.

19. Governing Law. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the Commonwealth of Virginia, U.S.A as applied to agreements entered into and completely performed in the Commonwealth of Virginia. Any dispute will be resolved by arbitration, with the losing party to pay all costs and fees.

20. Enforcing Security on the Site. Company reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosure required by or under applicable law or related government agency actions. Company will also comply with all court orders or subpoenas involving requests for such information.

21. Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Company proprietary rights or assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this TOU.

22. Term & Termination. This TOU will take effect (or re-take effect) at the moment You begin accessing, or using the Site. Company reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny Your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or others, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice and may impact (and prohibit) submission of any information. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to You. Upon termination of this TOU for any reason, The provisions concerning Company’s proprietary rights, Submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.

23. Waiver & Severability. YFailure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

24. Export Controls. You represent and warrant that You are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that You will comply with all applicable Sanctions and Export Control Laws.

25. Contact Information. If You have any questions about the Solution or this TOU, please contact Electrify America at:
    Address: 3800 Hamlin Road, Auburn Hills, MI 48326
    Phone: (833) 532-2778
    Email: info@electrifyamerica.com

26. Miscellaneous. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Company as a result of this TOU or Your utilization of the Site. This TOU and Company’s Privacy Policy represent the entire agreement between You and Company with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Company with respect to the Site. You may not assign, delegate, or transfer any rights under this TOU without the prior written consent of Company. Please note that Company reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, Company may add, modify, or delete any aspect, program, or feature of the Site, but Company is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU (and acceptance of the version of this TOU then in effect). Accordingly, please review the TOU found at this location on a periodic basis.