Last Updated: March 24, 2023
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST EVOCHARGE, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
EvoCharge may at any time revise these Terms. Your continued use of the Site following the changes to these Terms will be considered your consent to those changes. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound. If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact EvoCharge at [email protected].
1. License to Use the Site
1.1. Subject to these Terms, EvoCharge hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, non-sublicensable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of EvoCharge or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.
2. Purpose and Content of the Site
2.1. All information and materials on the Site are presented solely for the purpose of providing general information on and promoting our products and services. Such information and materials do not constitute offers for our products or services, nor do they constitute advice or other instructions on the use of the products or services.
2.2. You represent that any personal information you provide via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the information provided.
2.3. We reserve the right in our sole discretion to remove or delete any or all information from our Site at any time and for any reason. We also reserve the right to stop offering our Site or any portion thereof, without liability, at any time and for any reason, with or without cause.
3.1. In order to access certain content, services or features made available through the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms or additional terms and you may be asked to select or submit a username and password. You may also be required to provide EvoCharge with certain information about yourself, including some types of personally identifiable information, such as your legal name, phone number, physical address, and email address. You represent that the personal information you provide to EvoCharge via the Site is true, valid, complete, and up-to-date in all respects. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
3.2. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. You are solely responsible for any and all activities which occur under your account. EvoCharge will not be held responsible or liable for any misuse of your account, including in the event that a third party has access to and uses your password and account login in any way. In the event that your username or account login is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have notified us.
3.3. We reserve the right in our sole discretion to remove or delete any or all information from your account or our Site at any time and for any reason. You understand that we cannot guarantee that your account will always be available to you or error free. We may terminate or suspend your account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering any account feature of our Site or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your account may no longer be available to you. We have no obligation to make your account history available to you and you should not rely upon your account as your sole record of this information.
4. Consumer Purchasers
4.2. You agree to pay the full price for the products and services you order plus any applicable taxes. You are responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase of any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on EvoCharge’s net income). To the extent that EvoCharge is obligated to collect such taxes, the applicable tax will be added to your bill.
4.3. EvoCharge reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from EvoCharge. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
4.4. The availability of products and services is not guaranteed. We reserve the right without prior notice to discontinue or change specifications and prices on products or services offered on the Site without incurring any obligation to you. We also reserve the right to limit quantities to the amount reasonable for our regular customers.
4.5. Prices displayed on the Site are in U.S. dollars and are valid and effective only in the United States. Prices on products and services may change without notice. In the event that a product or service is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and we cancel your order, we shall provide you with a refund.
4.6. We may restrict delivery to addresses in certain jurisdictions. We will add shipping and handling fees and applicable sales/use tax in accordance with our then existing policies. Provided your designated payment method has been honored, title and risk of loss for the products transfers to you when we deliver the products to the delivery address. You accept all risk of loss for theft or loss once we deliver the product to the delivery address.
4.7. Descriptions of, or references to, products or services on the Site does not imply endorsement of that product or service, or constitute a warranty, by EvoCharge.
4.8. Please refer to the Return Policy presented on the Site for the policy that applies to your purchase.
4.9. The Limited Product Warranty presented on the Site is the exclusive warranty that EvoCharge offers on the products and services that we sell. WE MAKE NO OTHER WARRANTY AS TO THE QUALITY, FITNESS FOR A SPECIFIC PURPOSE, PERFORMANCE, CORRESPONDENCE WITH DESCRIPTION, OR ERROR OR DEFECT CORRECTION, AND WE SPECIFICALLY DISCLAIM ALL SUCH OTHER WARRANTIES. The Limited Product Warranty contains the procedures applicable to the repair or replacement of defective products.
4.10. If you are a commercial purchaser buying products on the Site through your commercial account, then the EvoCharge’s Standard Terms and Conditions for Commercial Purchases apply to such purchases, and not this Section 4.
5. Billing and Payment Processor
6. General Restrictions on Use
6.1. You agree to use the Site only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.
6.2. You will not (and will not attempt to): (a) access the Site by any means other than through the interfaces that are provided by EvoCharge; (b) gain unauthorized access to EvoCharge’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or EvoCharge’s networks and computer systems; (c) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (d) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, including the solicitation of users to become subscribers of other online services competitive with EvoCharge; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity, including as a result of the your failure to obtain consent to post personally identifying or otherwise private information about a person.
7. Content on the Site
7.1. As between you and EvoCharge, EvoCharge owns or licenses all information and materials, including logos, designs, titles, phrases, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and EvoCharge, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to EvoCharge or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
7.2. “EvoCharge” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of EvoCharge. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of EvoCharge. Your use or misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in these Terms, is strictly prohibited.
7.3. Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
7.4. Please be aware that whenever you post information to the Site that information may be accessible for other users. You should therefore choose carefully the information you post and that you provide to other users. You are solely responsible for the User Content that you post on the Site. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by EvoCharge prior to posting and does not necessarily reflect the opinions or policies of EvoCharge. EvoCharge makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users.
7.5. EvoCharge expressly reserves the right to remove any information or materials posted or transmitted for any reason or for no reason. EvoCharge will fully cooperate with any law enforcement authorities or court order requesting or directing EvoCharge to disclose the identity of anyone posting any such information or materials. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
8. Errors, Inaccuracies, and Omissions
8.1. We have made every effort to display as accurately as possible the colors of the images that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot guarantee that the display of any color will be completely accurate. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice. We cannot and do not review all communications or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Content or the Site with or without notice in our sole discretion.
9.1. EvoCharge expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Site Content, User Content, goods, services, advice, information or links provided or displayed on the Site will meet your requirements; (ii) that the Site will be uninterrupted, timely, secure or free from error or that any errors will be corrected; (iii) that defects in the operation or functionality of any software provided to you as part of the Site will be corrected; and (iv) regarding the Site, Site Content, User Content, goods, services, advice, information or links provided by any third parties or users. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.
9.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE, THE SITE CONTENT, THE USER CONTENT, AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER CONTENT ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE CONTENT, THE USER CONTENT, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.
9.3. You understand that the technical processing and transmission of any Site Content or User Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. EvoCharge reserves the right to interrupt or discontinue any or all of the functionalities of the Site. EvoCharge assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
10. Links To and Features Provided by Third Parties
10.2. Framing of the Site by sites or site elements is not permitted. In-line linking or any other manner of incorporating parts of the Site on other sites is equally prohibited.
11. Service Access
11.1. While EvoCharge endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair, or for reasons beyond our control.
12. Limitation of Liability
12.1. IN AS MUCH AS PERMITTED BY LAW, AND EXCEPT FOR DAMAGE CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE, EVOCHARGE AND ITS AFFILIATES, SUBSIDIARIES AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH (A) THE USE OF PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; (B) THE SITE OR SITE CONTENT OR USER CONTENT IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WE AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE FOREGOING EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF US AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
13.1. We care about your privacy and the protection of your personal data. Read our Privacy and Cookie Notice.
14.1. You will indemnify EvoCharge and its affiliates, subsidiaries and licensors and their respective officers, directors, employees, shareholders or agents (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or products or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Content, the User Content, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to us), or any breach by you of these Terms, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section without the prior written consent of EvoCharge.
15. Complaint Procedures
15.1. If you believe that any content on this Site violates your intellectual property or other rights, please send to us at [email protected] a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
16. Dispute Resolution
16.1. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Minneapolis, Minnesota unless we elect otherwise.
16.2. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your demand for arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
16.3. You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the EvoCharge account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
17. Governing Law
17.1. Without limiting the terms of Section 16 of these Terms and use of the Site are governed by the laws of the State of Delaware, without regard to conflict of laws rules. If the arbitration agreement is deemed unenforceable or void, you irrevocably consent to the exclusive jurisdiction of the federal courts in the State of Minnesota, for purposes of any legal action arising out of or related to the use of the Site or these Terms.
18.1. The Site is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Site, Site Content, User Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.
18.2. These Terms, including the Privacy and Cookie Notice, constitute the whole legal agreement between you and EvoCharge and govern your use of the Site and any transactions you may have with EvoCharge through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and EvoCharge in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that EvoCharge may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, EvoCharge will make a new copy of the Terms available on the Site. You agree that EvoCharge is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes.
18.3. The failure of EvoCharge to exercise or enforce any right or provision of the Terms will not operate as a waiver of any such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
18.4. If you have any questions about the Terms, write to:
9700 West 74th Street
Eden Prairie, MN 55344
Attn: EvoCharge Customer Support
or email us at: [email protected]
Dated: February 24, 2023
Copyright © 2023 EvoCharge Inc. All rights reserved.
Manufacturer’s Limited Product Warranty for EVOCHARGE®
Last Updated: June 15, 2023
EVOCHARGE, Inc. (“Manufacturer”) warrants each product provided by Manufacturer (the “Products”) against defects in material and workmanship under normal use and service conditions for a period of (i) two (2) years from the date of shipment by Manufacturer to the original purchaser of the Product for each direct current fast charging (DCFC) charging station; (ii) three (3) years from the date of shipment by Manufacturer to the original purchaser of the Product for all AC Level 2 EVOCHARGE charging stations, including EVOREEL and Retractor cable management products. The aforesaid warranty applies to Manufacturer-authorized resellers and to the End-User (as defined below) (collectively, the “Buyer”), and is not transferable to anyone who obtains ownership of the Product from the End User. The aforesaid warranty does not cover labor or other costs that may be incurred by the Buyer such as, but not limited to, costs associated with diagnosis, removal, replacement, or installation of parts or Products. Manufacturer’s sole obligation under this limited warranty shall be, at Manufacturer’s sole discretion, to repair or replace the Product at Manufacturer’s option. For purposes of this Limited Product Warranty, an “End User” the first person or organization that purchases the Product for use.
Repair or replacement under the terms of this limited warranty does not provide a right to extension or renewal of the limited warranty coverage period.
Manufacturer makes no warranty, express or implied, that the operations of the software or firmware shall be uninterrupted or error-free, or that functions contained therein shall meet or satisfy the Buyer’s intended use or requirements.
Due changes in technology, the Product returned to Manufacturer could become obsolete and therefore Manufacturer may replace such obsolete Product with another Product in the same or similar range which has incorporated the new technology.
This limited warranty does not cover routine maintenance, and also does not cover defects:
a.) caused by unreasonable or unintended use of the Product;
b.) which are discovered after the expiration of the limited warranty coverage period defined above;
c.) caused by improper installation;
d.) caused by the Product being maintained, altered, modified, opened or repaired, other than by the Manufacturer’s authorized dealer or service technician;
e.) caused by misuse, abuse, accidents, neglect, absence of scheduled maintenance, acts of God, vandalism, flood, fire or any other occurrences beyond the control of Manufacturer; or
f.) related to any components or parts not supplied by Manufacturer which are attached to any part of the Product or any damage done to the Product as a result of parts not supplied by Manufacturer being attached to any part of the Product.
How to Obtain Warranty Service
For warranty service, the Buyer must call customer service at 888-653-0160 or 952-829-2300 to obtain a Return Goods Authorization (RGA). At the time the Buyer obtains the RGA, Manufacturer will provide instructions for return of the Product and procedures for completing warranty service, which may include return of the Product with proof of purchase to Manufacturer.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS LIMITED WARRANTY IS IN LIEU OF, AND MANUFACTURER DISCLAIMS AND EXCLUDES, ALL OTHER EXPRESS WARRANTIES.
NO OTHER EXPRESS WARRANTY, WHETHER WRITTEN OR ORAL, GIVEN BY ANY PERSON OR ENTITY, INCLUDING A DEALER, RETAILER, WHOLESALER, OR DISTRIBUTOR, WITH RESPECT TO ANY PRODUCT, SHALL BIND MANUFACTURER. ANY AND ALL WARRANTIES OTHER THAN THIS ONE, OF WHATEVER NATURE, WHETHER EXPRESS OR IMPLIED, ARISING FROM OPERATION OF LAW, OR ARISING FROM TRADE USAGE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
THE PROVISIONS SET FORTH IN THIS LIMITED WARRANTY PROVIDE THE SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY FAILURE OF A PRODUCT TO CONFORM TO ITS SPECIFICATIONS.
MANUFACTURER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, ATTORNEYS’ FEES, OR OTHER COSTS, AND IN NO EVENT SHALL THE LIABILITY OF THE MANUFACTURER EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT.
THIS WARRANTY GIVES THE BUYER SPECIFIC LEGAL RIGHTS. THE BUYER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION
EvoCharge Inc. Privacy and Cookie Notice
Last Updated: March 24, 2023
Your privacy is important to EvoCharge Inc. (“EvoCharge,” “we,” “us” or “our”) as is your trust in EvoCharge’s products and services. As part of our commitment to use the information you share with us responsibly, we want you to be familiar with how we collect, use, and disclose information that relates to you, your computer, or your device and that enables your identification (“Personal Information”).
EvoCharge operates or provides access to our website, mobile application, and other online interactive features and services, including emails and social media pages (collectively, “Services”). This Privacy Notice describes how we process Personal Information about you that we collect through the Service operated and controlled by us from which you are accessing this Notice. This Notice does not apply to information that we collect offline, such as over the telephone or in person.
1. WHAT INFORMATION DO WE COLLECT ABOUT YOU?
Some parts of the Services may ask you to submit Personal Information for you to benefit from the specified features or to participate in a particular activity. For example, you may voluntarily provide Personal Information to us in the following ways:
• Contact Us Forms and Correspondence: If you contact us, we may keep a record of that correspondence. For example, we collect the information that you provide on the “contact us” form available on the Services.
• Registration for an Account: If you register for an account with us, as part of that registration, we will collect your name, email address, postal address, username, password, and telephone number. If you register for a commercial account, we will collect the information in your business tax ID document.
• Use of EvoCharge: When you use EvoCharge, we may collect charging station information, including location, serial number, software version, hardware version, firmware version, model number, as well as your electric vehicle’s make, model, and year, as well as information regarding your use of the charging station.
• Transaction Information: We may act as a payment processor on behalf of the owner of a charging station that you use (the “Host”). When you pay for the use of a charging station through the Services, we obtain from you the information we need to complete your transaction. This may include your name, billing address, email address, and credit card number. We may also retain details of your specific transactions with us.
• Careers: Some areas of the Services may allow you to submit information related to job opportunities with EvoCharge, in which case we collect the information that you submit to us to be considered for employment opportunities.
• Chat Assistance Features: The Services may allow you to chat with a representative of EvoCharge if you need assistance with the Services. The chat functionality may create a transcript of your chat conversation that will be retained by EvoCharge, which transcript may include any Personal Information that you provide or post through the chat assistance features.
• Subscribe to Mailing List: If you subscribe to our mailing list, we will collect your email address.
• Consent Records: If we ask for your permission to take an action, we will retain a record of the consents you have given, together with the date and time, means of consent, and any related information, such as the subject matter of the consent.
• Other information you voluntarily provide: If you fill out forms on the Services or participate in activities, we will collect the information you voluntarily provide or that is described at the point where the information is collected. For example, if you post on our social media page, we collect the information that you provide in the post.
We may combine Personal Information received through the Services with other information we have collected from or about you, whether on-line or off-line. We treat the combined information in accordance with this Notice. For example, we may collect information that is publicly available from product records and applications provided by our affiliates, distributors, dealers and other sources, such as companies that provide lists of potential product purchasers, if such companies are permitted to share your information with us. We may combine information that we receive from the various sources described in this Privacy Notice, including third-party sources, with information you provide and use or share it for the purposes identified in this Notice.
2. HOW DO WE USE THE INFORMATION WE COLLECT FROM YOU?
We use Personal Information submitted by you or otherwise collected through the Services for the purposes described in this Notice and as otherwise described to you at the point of collection. Generally, we use the information you provide for the reason for which it was provided. For example, if you contact us by e-mail, we will use the Personal Information you provide to answer your question or resolve your problem and will respond to the email address from which the contact came. We may also use Personal Information about you as specifically described below:
• Requests, Inquiries, and Applications: We may use your Personal Information to process, evaluate, and respond to your requests, inquiries, and applications. So, for example, if you provide us with Personal Information to register for an account, we will use your information to create and manage your account. If you submit information through the careers portion of our Services in order to apply for a position, we will use the information that you submitted to consider you for current and future employment opportunities with EvoCharge.
• Manage Our Relationship With You: We may use your Personal Information to facilitate your use of our Services and your account, and to send you important information regarding our relationship with you or regarding the Services, such as information about changes to our terms, conditions, policies, and other administrative information.
• Purchases: If you make a purchase through the Services, we will use your Personal Information to complete and fulfill your purchase, including to process your payment, deliver the purchased item or service to you, and provide you with related customer service.
• Personalization: We may use your Personal Information, including your history with us, to personalize your experience and to deliver content relevant to you.
• Internal Operations: We may use your Personal Information for internal business purposes, including without limitation, to help us operate, evaluate, and improve the quality of the Services; to develop new products, services, and features; to better understand those individuals that utilize the Services; to verify your identity; to determine the effectiveness of our promotional campaigns; to prevent, protect against, identify, or address fraud, unauthorized activity, claims, liabilities, and other wrongdoing; to provide you with customer service; and to generally manage our operations.
• Utilization Reports: We may analyze your usage of Evocharge to prepare reports that contain data and insights regarding energy use that may be of interest to Hosts, our partners, and third parties, such as utilities.
• Power Management: We may share Personal Information about your use of a charging station with applicable utilities, distributed energy resource management systems (DERMs), and other energy service organizations to meet power management obligations.
• Traffic Data: We may use Traffic Data to perform data analytics and to personalize your experience on the Services. To learn more about how we use Traffic Data, please see Section 4 of this Notice.
• Legal Requirements and Contractual Obligations: We may use your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• For any other purpose specified at the point of collection.
We may use non-personal information or aggregate information that does not identify an individual without restriction, and we may share such information with third parties.
3. WITH WHOM DO WE SHARE YOUR INFORMATION?
EvoCharge may share the information it collects about you in the following ways:
• with our services providers who work on our behalf to perform the functions for which we engage them. For example, we may engage service providers to host the Service or assist us in providing functionality on the Service, provide data analysis and research on the Service and send out email updates about the Service and/or our products and services.
• if you are the user of a charging station that belongs to a Host, we may provide information regarding your use of the charging station to the Host.
• with third parties to manage and understand energy use. For example, we may create and share energy utilization reports with third parties such as utilities and distributed energy resource management systems (DERMs), which reports may include information about the energy use at your address.
• in connection with a merger, acquisition, reorganization, liquidation, sale, transfer or financing of a significant part of EvoCharge’s business or assets, including any such activities associated with a bankruptcy proceeding.
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a law enforcement request.
• as required by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution or similar legal process.
• As described at the point of collection.
Apart from the purposes listed above, EvoCharge will not share information about you with third parties for their independent use without your prior consent. EvoCharge does not share your personal information with third parties for those third parties’ direct marketing purposes.
4. COOKIES AND OTHER PASSIVE COLLECTION TECHNOLOGIES
As you navigate the Services, certain Traffic Data may be passively collected, meaning it is gathered without your actively providing it.
Device identifiers: If you access the Services through a mobile device or other network-connected product, certain information may be collected about that device, including your device type, network service provider, and other identifiers. We may collect unique device identifiers (such as IDFA and AID tags and UUID and UDID identifiers) associated with the devices you use to access the Services. You can disable this in the privacy settings on your device. We provide more information on how we use this information below in the section on Google Analytics/Firebase Analytics.
You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies.
Google Analytics for Firebase collects mobile device identifiers (for example, Android Advertising ID and Advertising Identifier for iOS). You can disable this in the privacy settings on your device.
Although our use of passive collection technologies may change over time as technology evolves, the above descriptions are designed to provide you with additional detail about our current approach to information collected from passive technologies.
5. YOUR RIGHTS AND CHOICES
If you have subscribed to a particular email or other communication from EvoCharge, You may “opt out” of receiving these electronic communications by following the instructions in the message that you receive, or by sending an email to [email protected] indicating which communications you no longer wish to receive.
You can opt out from certain cookie-related processing as described in Section 4 of this Notice.
6. SAFEGUARDING YOUR INFORMATION
We maintain reasonable and adequate technical, administrative and physical security and confidentiality measures designed to help protect your information from unauthorized access or acquisition.
The transmission of information via the Internet can never be guaranteed to be completely secure. While EvoCharge will do our best to protect your personal information, we cannot absolutely guarantee the security of any data transmitted to our Service. Any transmission of data is made at your own risk.
7. THIRD PARTY SERVICES, APPLICATIONS AND WEBSITES
Through the use of the Service, you may be able to access third party services, applications and websites not controlled by EvoCharge or covered by this Privacy Notice, such as distributors, co-branded websites offered in conjunction with a business partner or independent product review sites. We recommend that you carefully review the privacy statements of other third-party services, applications and websites before providing any personal information. EvoCharge is not responsible for the information practices of such third-party services, applications and websites.
8. SOCIAL MEDIA
EvoCharge supports third party widgets such as but not limited to Facebook, Instagram, LinkedIn, YouTube and Twitter buttons on the website that allow users to share information on different platforms. These widgets may collect your IP address, which pages you are visiting on our Service, and may set a cookie to enable the widgets to function properly. Your interactions with these widgets are not governed by this Privacy Notice, but the privacy policies available on the websites of those social media networks.
9. DO NOT TRACK
Our Service does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.
We do not knowingly collect or maintain personal information from any person under the age of thirteen. No parts of our Service are directed to or designed to attract anyone under the age of thirteen.
11. QUESTIONS / CONTACT US
If you have any questions regarding this Privacy Notice, please contact us at:
9700 West 74th Street
Eden Prairie, MN 55344
952-829-2300 or 888-653-0160
We may update this Privacy Notice from time to time. We will do so by posting additions or modifications to this page. Accordingly, please refer back to this page frequently as it may change. In certain circumstances, EvoCharge may, but need not, provide you with additional notice of such modifications, such as via email. Where required by applicable law, we will apply changes only with your consent.